CA7: An unspecific motion to suppress led to forfeiture of arguments for appeal

Defendant was arrested at his home on probable cause but without a warrant in 2011 for a 2007 double murder. (Every judge thereafter concluded that there was, in fact, no probable cause.) At the time of arrest, defendant came out and was shoeless. A protective sweep was conducted and a rifle case was seen, but it was erroneously put in the search warrant affidavit that an “AK-47” was seen. He asked for shoes, and the officers believed they had consent to re-enter to retrieve them, and, in that room, another gun case was seen. Defendant did not preserve at trial the legality of the arrest but he did argue the search was unreasonable. At the suppression hearing, the government conceded the viewing of the alleged gun didn’t happen and was unreasonable and should be struck from the affidavit for search warrant. Defendant consented to the entry into his bedroom for the shoes, and he forfeited the consent argument in the district court, too. United States v. McMillian, 2015 U.S. App. LEXIS 8567 (7th Cir. May 22, 2015).

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