Ninth Circuit -- USA V. LOMANDO SCOTT

When deft raises argument justifying dismissal but doesn't ask for the dismissal, deft does not waive the challenge.

Gov't sufficiently discussed automobile exception 4A theory before magistrate judge - not waived.

Automobile exception justified where deft was going in and out of the car prior to the search.

Concur in J:

Yes, but only because the lower courts never ruled clearly on the question of waiver.

USA V. LOMANDO SCOTT