United States of America Ex Rel. James Rogers v. Warden of Attica State Prison, Attica, New York

IRVING R. KAUFMAN, Circuit Judge:

The underlying question presented on this appeal is whether a defendant who enters a guilty plea in a New York State court, knowing that he may subsequently challenge in the state’s appellate process the denial of his pretrial motion to suppress evidence alleged to be the fruit of an illegal search and seizure, should be considered to have waived the right to raise his Fourth Amendment claims in the federal courts by way of an appli*211cation for habeas corpus. We are also asked to examine the murky area of probable cause for the issuance of a search warrant.

I.…