The following excerpt is from Michaels v. U.S., 917 F.2d 566 (9th Cir. 1990):
Michaels had a full and fair opportunity to present his claim of a Fourth Amendment violation at trial and on direct appeal. Consequently he may not raise the claim on collateral review. United States v. Hearst, 638 F.2d 1190, 1196 (9th Cir.1980), cert. denied, 451 U.S. 938 (1981). Michaels did not raise this issue in his appeal. United States v. Michaels 796 F.2d 1112 (9th Cir.1986), cert. denied 479 U.S. 1038 (1987). Moreover, the trial record indicates that the trial judge specifically considered the Fourth Amendment claim as to the fingerprint, handwriting, and typewriter exemplars and ruled that the exemplars were admissible. Any objections to this ruling should have been raised by Michaels on direct appeal.
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