IN: Def’s raising GFE for first time in reply brief is waiver

It’s defendant’s burden in challenging a search warrant to raise both the defects in the warrant (such as a lack of probable cause) and inapplicability of the good faith exception. Raising the good faith exception in his reply brief is too late and waiver. Snow v. State, 2019 Ind. App. LEXIS 519 (Nov. 27, 2019):

P13 Accordingly, to establish reversible error, Snow must demonstrate both the lack of probable cause and the inapplicability of the good faith exception. But, in his appellant’s brief, Snow only asserts that the search warrant lacked probable cause. He makes no argument that the good faith exception does not apply. And his attempt to make an argument on the good faith exception for the first time in his reply brief is unavailing. “The law is well settled that grounds for error may only be framed in an appellant’s initial brief and if addressed for the first time in the reply brief, they are waived.” …