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?

QUESTIONS PRESENTED 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? i