Appellate counsel’s declining to appeal the use of the phrase “including but not limited to” in the search warrant was not unreasonable because, as defendant admits, it does not per se lead to unreasonable searches. United States v. Ransom, 2018 U.S. Dist. LEXIS 126738 (D. Kan. July 30, 2018).
The protective sweep issue became secondary after the hearing. The real issue is consent, and the court finds that the protective sweep didn’t taint the consent because what was found by the consent wasn’t found during the protective sweep. United States v. Irving, 2018 U.S. Dist. LEXIS 125799 (E.D. Pa. July 27, 2018).*