United States of America Ex Rel. James P. Carafas v. J. Edwin Lavallee, Warden, Auburn Prison, Auburn, New York

KAUFMAN, Circuit Judge.

Contending that the fruits of an unlawful search and seizure were improperly admitted into evidence at his trial, a New York prisoner convicted before the Supreme Court’s decision in Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961), but whose appeal was pending when that decision was rendered, here seeks to invalidate his conviction under the Fourteenth Amendment’s due process clause. While the constitutional issue was raised and considered in the state courts on direct appeal, we are asked to determine whether the petitioner’s failure to object to the…