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Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 113 of 239
at 10), the Court should reject the defendant’s efforts to twist Carpenter’s exception to the third
party rule beyond recognition. The defendant was not compelled to participate in the deposition
or to answer questions without invoking her Fifth Amendment right against self-incrimination; she
voluntarily chose to do so. Even if she chose to do so in reliance on the protective order, that
protective order was subject to modification under well-settled case law and by its own terms.
Contrary to the defendant’s claims (Def. Mot. 11 at 10), she assumed the risk that the deposition
transcripts would divulged to the Government. See, e.g., United States v. Schaefer, No. 17 Cr. 400
(HZ), 2019 WL 267711, at *5 (D. Or. Jan. 17, 2019) (declining to apply Carpenter where
government obtained defendant’s eBay transactions without a warrant as defendant “assumed the
risk that [eBay] would reveal to police the purchases he made” and defendant “did not have a
reasonable expectation of privacy in the records of his purchases”).
Because Maxwell had no legitimate Fourth Amendment privacy interest in the materials in
Boies Schiller’s possession, she has no standing to challenge their seizure, and no warrant was
required to obtain those materials. Her motion should be rejected on this ground alone.
b. The Government Acted in Good Faith
Even if the defendant had standing to bring this motion, it still fails because the
Government only obtained these materials after obtaining a court order authorizing it to do so. The
Government accordingly acted in good faith when it acted pursuant to that judicial order.
i. Applicable Law
Under the so-called “good faith” exception, the exclusionary rule and its remedy of
suppression do not apply “when the Government ‘act[s] with an “‘objectively reasonable good-
faith belief that their conduct is lawful.’” United States v. Zodhiates, 901 F.3d 137, 143 (2d Cir.
2018) (quoting Davis v. United States, 564 U.S. 229, 238 (2011) (internal quotation marks
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Document Details
| Filename | DOJ-OGR-00003047.jpg |
| File Size | 715.6 KB |
| OCR Confidence | 94.2% |
| Has Readable Text | Yes |
| Text Length | 2,092 characters |
| Indexed | 2026-02-03 16:30:06.452057 |