The Failure to Raise a Suppression Issue before the District Court waives the Issue for Appeal Unless the Defendant Can Show Good Cause for the Failure.

Seventh Circuit Criminal Case Summaries: Appellate Procedure

United States v. Kelly, No. 14-1015. Kelly argued on appeal that the warrant application failed to establish probable cause for the search warrant’s issuance. The Court of Appeals first determined whether Kelly raised the issue of probable cause in the district court in a manner sufficient to preserve the argument for appeal. The Court held that Kelly’s sporadic references to probable cause in the context of a particularly challenge were insufficient to raise the argument before the district court. Therefore, Kelly was required to show good cause for failing to make the argument in the district court. Because Kelly offered no explanation for the failure, the Court held it was foreclosed under Rule 12(e) from any review of the probable cause issues. The Court noted that even if Kelly had shown good cause, the district court did not commit plain error.