No, because otherwise she would be receiving a sentence of incarceration because of a conviction for which she did not have counsel. Yes, because the original conviction which occurred without counsel did not violate the Sixth Amendment. No, because in this case the original conviction which occurred without counsel did violate the Sixth Amendment. Informant reports personal familiarity with this type of stolen car parts. The warrant is executed as specified, and ten stolen chrome rims are found in Defendant's backyard, just as described.
Defendant is charged with possession of stolen property.
Defendant moves to suppress the rims on the basis that they were found and seized pursuant to an invalid warrant. Exclude the rims, because the informant's track record is unknown. Exclude the rims, because while the informant's veracity is made out, the basis of the informant's knowledge is unspecified. Admit the rims, because the informant's veracity is made out and the basis of the informant's knowledge is specified. Defendant meets Codefendant at a bar.