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Orin Kerr @OrinKerr
, 3 tweets, 2 min read Read on Twitter
I don't like the broad good faith exception, either, but this 2-page Carpenter ruling from Judge Lynn Hughes seems just lawless: You can't just decide to rely on Supreme Court dissents and ignore the majority holdings. Well, you can, but it's wrong. orinkerrblog.files.wordpress.com/2018/10/beverl…
The terrible act the government did, that Judge Hughes finds so damning, is to get a search warrant the day Carpenter was handed down for records obtained then-lawfully in 2015. But they didn't need a warrant at all; odd to criticize them harshly for doing more than law required.
If you're wondering about where this is coming from, this 2011 opinion from Judge Hughes that is cited as authority by Judge Hughes -- but that was reversed by the 5th Circuit on appeal in 2013-- may be worth a read. (Less than a page, so a fast read.) wsj.com/public/resourc…
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