issue that you raised, was it? Government: No. It wasn’t. The Government further volunteered at oral argument before the panel that the only issues raised concerning the suppression issue were (1) whether the arrest warrant was valid, and (2) if not valid, whether the officers relied on the warrant in good faith. The record demonstrates the Government presented its Johnny-come-lately theory — in essence, that the Director of Correctional Services is detached and neutral enough for the purposes of issuing an arrest warrant because an escapee lacks a reasonable expectancy of privacy anywhere — for the first time in its petition for rehearing en banc. Generally, both the government and defendants are barred from raising Fourth Amendment arguments for the first tim 09, 512 (9th Cir.1999) (<HOLDING>); United States v. Gonzales, 79 F.3d 413, 419
holding argument not asserted before district court is waived on appeal holding that an argument was barred where the movant could have but did not raise its argument before the district court ruled in the original motion holding that government lost right to raise lack of expectation of privacy argument on appeal when it failed to raise argument below holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court holding the government waived its standing argument when it was put on notice the defendant would claim a privacy interest