United States v. Michael Lustig

MEMORANDUM

In a concurrently filed opinion in this case, we address Lustig’s primary contentions on appeal and affirm in part, reverse in part, and remand for further proceedings. We address here Lustig’s' other arguments, none of which we find availing.

In addition to the arguments discussed in our opinion, Lustig advances several meritless arguments against application of the good-faith exception to the exclusionary rule. Contrary to Lustig’s vague contentions, the fact that this Circuit and the Supreme Court had indicated that changes in modern technology might affect Fourth Amendment analysis did not render it unreasonable to follow the blanket holding of United States v. Robinson, 414 U.S. 218, 235 , 94 S.Ct. 467 , 38 L.Ed.2d 427 (1973). See Davis v. United States, 564 U.S. 229, 232 , 131 S.Ct. 2419 , 180 L.Ed.2d 285 (2011) (“[Searches conducted in objectively reasonable reliance on binding appellate precedent are not subject to the exclusionary rule.”).

Nor do Lustig’s accusations that the officers here engaged in “recurring or reckless misconduct” in the course of the sting operation say anything about whether the officers could reasonably have relied on Robinson in…