United States v. Lomando Scott

Opinion by Judge BYBEE; Concurrence by Judge RAWLINSON.

OPINION

BYBEE, Circuit Judge:

Defendant Lomando Scott was arrested and charged with possession of a controlled substance and a firearm. Scott moved to suppress evidence of these crimes that was discovered in the subsequent warrantless search of his car. After the government failed to file a timely written response to Scott’s motion to suppress, raising its substantive arguments for the first time orally during the suppression hearing, the magistrate judge recommended that Scott’s motion to suppress be granted. The government again asserted…