D.Md.: Govt first raising standing in a supplement brief after hearing was waiver

The government’s first raising standing in a supplemental brief after the hearing is too late. United States v. Larson, 2016 U.S. Dist. LEXIS 175547 *3 n.2 (D.Md. Dec. 19, 2016):

In this pleading and for the first time, the Government alternatively argues that Larson lacks standing to challenge the search of this package. Importantly, the Government never raised this argument in any prior pleadings or at oral argument, thus depriving Larson of any meaningful response. Accordingly, the Government waived its right to challenge standing. See Steagald v. United States, 451 U.S. 204, 209, 101 S. Ct. 1642, 68 L. Ed. 2d 38 (1981); United States v. Owens, No. CRIM. HAR 86-0370, 1986 U.S. Dist. LEXIS 17553, 1986 WL 13127, at *4 n.5 (D. Md. Nov. 18, 1986), aff’d, 848 F.2d 462 (4th Cir. 1988); United States v. Foster, 763 F. Supp. 2d 1086, 1090 (D. Minn. 2011) (“By failing to argue in a timely manner that Foster lacked a reasonable expectation of privacy in the car in which the gun was found, the government has waived its right to make that argument.”)