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CA8: On remand, the gov't can raise independent source for the first time

By John Wesley Hall, Jr.

USMJ’s findings that the officers would have applied for a search warrant other than finding drug ledgers taped to the wall of the defendant’s premises was supported by the evidence. This was on remand, and the government was free to raise the independent source doctrine for the first time on remand. United States v. Castellanos, 2010 U.S. App. LEXIS 13468 (8th Cir. July 1, 2010)*: Although parties should present alternative arguments whenever sound strategy dictates, the government in this case was not required to anticipate every possible outcome on appeal and formulate a responsive argument for each alternative. "[T]he principle that a party who failed to raise an argument in its initial appeal is held to have waived its right to raise that argument on remand or on a second appeal...continue to full post

Full post as published by Fourth Amendment on July 02, 2010 (boomark / email).