D.C.Cir.: Govt waived standing by not presenting issue to Dist.Ct.

The government waived defendant’s lack of standing by not arguing it in the district court. The faint smell of marijuana and multiple air fresheners was probable cause to search. United States v. Sheffield, 2016 U.S. App. LEXIS 14826 (D.C.Cir. Aug. 12, 2016).

Plaintiffs were walking on a street closed for a neighborhood fair toward and mere feet from their home when the defendant off duty officer yelled at them to get off the street. They were walking home anyway. Nevertheless, the officer chased them into their garage and chased one plaintiff into the house to arrest them for disobeying a police officer when (a) they didn’t and (b) he didn’t identify himself as a police officer. Summary judgment properly denied because plaintiffs alleged violations of clearly established rights. Carr v. Cadeau, 2016 U.S. App. LEXIS 14615 (11th Cir. Aug. 9, 2016).*