CA9: There is no exhaustion requirement for other investigative techniques for a tracking warrant, but failure to adequately brief it is waiver anyway

The affidavit for this GPS tracking warrant said that other investigative techniques had been exhausted, and defendant claims it was false. “Colldock also contests the affidavit’s statement that law enforcement had, before seeking a GPS tracking warrant, ‘exhausted its investigative techniques.’ Colldock has failed to show, however, that this statement is material to the assessment of whether there was probable cause to track Colldock’s location. To the extent Colldock intends to suggest either that there was an exhaustion requirement distinct from the probable cause requirement, or that he is entitled to relief based on a false statement in the affidavit, we deem any such challenges forfeited for failure to develop these points in Colldock’s appellate briefs.” United States v. Colldock, 2020 U.S. App. LEXIS 29837 (9th Cir. Sept. 18, 2020).