I. Did the Tenth Circuit err under the law of the case doctrine when it permitted the government to raise in a second appeal a claim the government waived in the first appeal?

II. Does the Fourth Amendment's good-faith exception, as articulated in Illinois v. Krull, 480 U.S. 340 (1987), apply to an investigatory, rather than an administrative, statutory scheme? And if so, does Krull's good-faith exception apply where the statutory scheme at issue did not expressly authorize the warrantless search at issue?

Did the Tenth Circuit err under the law-of-the-case doctrine when it permitted the government to raise in a second appeal a claim the government waived in the first appeal?