Forfeited Argument Revived by Full 11th Cir. to Save Conviction

A felon in possession of a firearm conviction was upheld by the full Eleventh Circuit on the basis of an argument the government abandoned earlier in the proceedings.

Because the government merely forfeited the argument that the gun found in Erickson Campbell’s car was admissible under the good faith exception to the exclusionary rule, the appeals court could resurrect it sua sponte, the opinion by Judge Gerald Bard Tjoflat said.

But the dissent written by Judges Kevin C. Newsom and Adalberto Jordan said that the government waived the argument on appeal and the court didn’t have discretionary authority to bring ...