“This is a hornbook example of how to waive an argument on appeal.” The search issue presented on appeal was never presented to the trial court. “[P]arties cannot conjure up brand new legal theories on appeal like this. Failing to bring an argument to the district court means that you waive that argument on appeal.” “And this case presents an egregious violation of that rule: not only did Wheeler and Thomas fail to argue below that the confidential informant did not exist, they tacitly admitted that the informant existed by arguing that his statements were hearsay.” Wheeler v. Hronopoulos, 2018 U.S. App. LEXIS 15188 (7th Cir. June 6, 2018).
“We further agree with the district court that the errors in the affidavit were typographical and did not invalidate the warrant.” United States v. Shannon, 2018 U.S. App. LEXIS 15240 (4th Cir. June 6, 2018).*