United States v. Michael Dreyer

BERZON, Circuit Judge, joined by REINHARDT, Circuit Judge,

concurring:

I join fully in the majority opinion. I write separately to explain why I am comfortable with the holding that suppression is not warranted, although the panel opinion I authored held otherwise. See United States v. Dreyer, 767 F.3d 826, 835-37 (9th Cir.2014).

As a preliminary matter, when the case was before our three-judge panel, • the United States never contested that the exclusionary rule could apply to widespread and repeated violations of the PCA. The United States did not make this argument for good reason. Roberts…