CA6: Because Davis followed DC decision suppressing the search, the govt gets remand for DC to consider it

The government perfunctorily defended the search and lost on Fourth Amendment grounds and failed to fully address the good faith exception in the district court, instead briefing it on appeal. The case is remanded to the district court to give the government another bite at the apple only because Davis came along after the district court ruled. United States v. Fugate, 499 Fed. Appx. 514, 2012 FED App. 0994N (6th Cir. 2012):

Here, the district court did not have the benefit of the parties’ briefing and argument on this issue. Likewise, the Supreme Court issued Davis after the district court granted Fugate’s motion to suppress. As we explained in Master, “the Supreme Court has effectively created a balancing test by requiring that in order for a court to suppress evidence following the finding of a Fourth Amendment violation, the benefits of deterrence must outweigh the costs.” In Master, we remanded to allow the district court to consider whether the officers’ conduct was deliberate, reckless, or grossly negligent. 614 F.3d at 243 (citation and alterations omitted). As in Master, the district court has not had this opportunity, and we therefore remand the case for further proceedings not inconsistent with this opinion.