Federal prosecutors initially filed a notice of appeal. But they missed a deadline to file their first brief and on Monday filed a motion saying that “having evaluated the evidence remaining after the Court’s ruling on defendant’s suppression motions, the government believes it is in the interest of justice to dismiss the case.”

Carney then dismissed the case.

“I think what this means,” Riddet said, “is the FBI needs to be much more careful about representations they make in search warrant affidavits and make sure they advise judges what the facts are. If they had done that in this case, I don’t think the search warrant would have been issued.”