{"id":63808,"date":"2026-04-10T09:13:34","date_gmt":"2026-04-10T14:13:34","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63808"},"modified":"2026-04-10T11:26:31","modified_gmt":"2026-04-10T16:26:31","slug":"ms-failure-to-include-sw-materials-anywhere-in-record-was-waiver-of-issues-about-it","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=63808","title":{"rendered":"MS: Failure to include SW materials anywhere in record was waiver of issues about it"},"content":{"rendered":"\n<p>Failure to include the search warrant materials anywhere in the record, either as an attachment to the motion or an exhibit at a hearing, is waiver for appeal on whether the warrant was properly issued. Burdine v. State, 2026 Miss. App. LEXIS 163 (Apr. 7, 2026).*<\/p>\n\n\n\n<p>The evidence was unclear on whether defendant even had a reasonable expectation of privacy in the SD card being searched. It was objectively unreasonable for officers to believe they could under the warrant. United States v. Swift, 2026 U.S. App. LEXIS 9782 (5th Cir. Apr. 3, 2026).*<\/p>\n\n\n\n<p>Petitioner knew about the ineffective assistance of counsel claim when he brought the first post-conviction proceeding and didn\u2019t raise it then. It\u2019s barred now. Andersen v. State, 2026 Minn. App. LEXIS 145 (Mar. 27, 2026).*<\/p>\n\n\n\n<p>The district court didn\u2019t err in concluding that the police surrounding defendant\u2019s home and ordering him out at gun point was with probable cause. The protective sweep after was valid, too. United States v. Spencer, 2026 U.S. App. LEXIS 9841 (5th Cir. Apr. 6, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Failure to include the search warrant materials anywhere in the record, either as an attachment to the motion or an exhibit at a hearing, is waiver for appeal on whether the warrant was properly issued. Burdine v. State, 2026 Miss. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=63808\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[50,104,66,12,126,22,133],"tags":[],"class_list":["post-63808","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-burden-of-pleading","category-burden-of-proof","category-computer-searches","category-issue-preclusion","category-protective-sweep","category-warrant-papers"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63808","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=63808"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63808\/revisions"}],"predecessor-version":[{"id":63818,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63808\/revisions\/63818"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63808"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63808"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63808"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}