United States v. Matthew Arnold Patzer

ORDER DENYING PETITION FOR REHEARING

In United States v. Patzer, we determined that the district court erred by failing to suppress evidence on the grounds that the arresting officer lacked probable cause to arrest the defendant during a traffic stop, and that subsequent consent obtained from the defendant to search his vehicle was tainted by the unlawful arrest. The arguments made in support of the petition for rehearing were not advanced by the Government in its original response brief. “Courts of Appeals will ordinarily not consider for the first time on rehearing issues not presented by the parties in their briefs on appeal. A case must involve ‘extraordinary circumstances [to] justify our considering on petition for rehearing, issues which were not previously presented.’ ” We find no such circumstances in this case. For the reasons that follow, the petition for rehearing is denied.

The Government’s primary argument in the petition for rehearing is that Patzer’s arrest was supported by probable cause and thus lawful. The probable cause briefing in this appeal addressed exclusively whether Officer Patterson had probable cause to arrest Patzer under I.C. § 18-8004(5). That…