United States v. Dupree

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

This appeal requires us to consider the question of waiver. The issue arises in the context of a criminal case in which Defendant Maurice Ray Dupree prevailed on a motion to suppress evidence after the District Court determined he had been seized without reasonable suspicion. In the District Court, the Government argued that one issue was dispositive: whether Dupree *726was actually seized when he was first grabbed by police. Before this Court, the Government concedes that point but urges reversal for two new—and quite different—reasons. I would hold…