I. Are prosecuting attorneys who engage with a court in the course of conducting a criminal investigation, such as obtaining an ex parte order, entitled to the same good faith exemption from the exclusionary rule that this Court allowed for a police officer acting in the moment in Illinois v. Krull, 480 U.S. 340 (1987), under the same standard and analysis as police, or are lawyers different, requiring a different standard and analysis?
II. When a prosecutor who has used an unconstitutional method to obtain evidence in a criminal investigation raises the affirmative defense of good faith, like that raised by the police officer in Illinois v. Krull, supra, to exempt their action from the exclusionary rule, should the court deciding their claim have a factual record about what the prosecution knew or was chargeable with knowing and what they did or did not do for its decision?
Are prosecuting attorneys entitled to the same good faith exemption from the exclusionary rule as police officers?