CA11: Failure to object to R&R was waiver of search issue

Defendant didn’t object to the magistrate’s R&R. The stop was found valid in the district court for having a tag light out and then consenting to a search. United States v. Jackson, 2017 U.S. App. LEXIS 23048 (11th Cir. Nov. 16, 2017):

The Government asserts that Defendant waived his right to challenge the initial stop because he never raised the issue before the district court and failed to object to the magistrate judge’s finding that the officers had probable cause to stop Defendant based on a tag light violation. We agree.

Federal Rule of Criminal Procedure 59(b)(2) provides that a party must file specific written objections to the magistrate judge’s proposed findings and recommendations within 14 days after being served with a copy of the recommendations. Fed. R. Crim. P. 59(b)(2). “Failure to object in accordance with this rule waives a party’s right to review.” Id.; 11th Cir. R. 3-1 (stating that a party who is informed of the time period for filing objections to the magistrate judge’s report and recommendations and fails to do so waives the right to challenge the district court’s order based on unobjected-to factual and legal conclusions). We have held that a defendant who fails to object to a specific portion of the magistrate judge’s report and recommendation waives the right to challenge the district court’s order as to that portion. United States v. Perkins, 787 F.3d 1329, 1343 (11th Cir. 2015). Nevertheless, “if necessary in the interests of justice,” we may exercise our discretion and review an otherwise waived argument for plain error. See 11th Cir. R. 3-1.

Although Defendant did not challenge the constitutionality of the initial stop in his post-suppression hearing brief, the magistrate judge concluded that the officers had probable cause to stop Defendant’s vehicle based on their observation that he violated O.C.G.A. § 40-8-23(d) because he had inoperable tag lights. …