Rose v. United States

The majority’s determination that it should not decide this case on the merits raises an important question: whether the government’s litigating position relieves this court of its obligation to conduct a de novo review of a motion to suppress evidence, as we have heretofore, applying relevant case precedents. The majority answers this question in the affirmative, albeit under a discretionary standard. The position the court takes is contrary to well established legal principles. The result is that the court not only overturns what, in my opinion, is a correct judgment, it also departs from…