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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 86 DOJ-OGR-00003047

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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