{"id":60648,"date":"2025-03-31T00:00:00","date_gmt":"2025-03-31T05:00:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60648"},"modified":"2025-03-30T17:32:53","modified_gmt":"2025-03-30T22:32:53","slug":"in-states-reliance-on-gfe-not-waived-where-it-didnt-argue-it-but-trial-court-decided-it","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=60648","title":{"rendered":"IN: State&#8217;s reliance on GFE not waived where it didn&#8217;t argue it but trial court decided it"},"content":{"rendered":"\n<p>\u201cThe totality of the evidence before the issuing judge was sufficient to establish probable cause. Detective Salley&#8217;s affidavit in support of the search warrant had outlined observations that law enforcement had made during surveillance of the Astro Drive Residence, which, based on his training and experience, he had opined to be \u2018indicative of narcotics sales.\u2019 \u2026 Detective Salley had also detailed two controlled buys between the CI and Target 1, with the circumstances of both supporting the reasonable inference that the drugs in question had been sourced out of the Astro Drive Residence. \u2026 [T]he CI was known to law enforcement and had provided information that had been deemed reliable by independent investigation.\u201d This was enough for probable cause. The state did not address the good faith exception, but the trial court ruled on it, so it\u2019s not waived. <a href=\"https:\/\/public.courts.in.gov\/Decisions\/api\/Document\/Opinion?Id=o7mCnUKbT8gzkyEoYDCoo_5r3w-jg_L8P-WFAG_2M1aGXfwJ6ZbsDEenzkGTqEj70\">State v. Rivera<\/a>, 2025 Ind. App. LEXIS 97 (Mar. 28, 2025).<\/p>\n\n\n\n<p>No CoA: \u201cHere, reasonable jurists would not debate the denial of Louis&#8217;s claim that the trial court erred in denying his motion to suppress certain cell-site location information obtained in violation of the Fourth Amendment (Claim 1). When law enforcement obtained Louis&#8217;s cell-site location information, there was no binding precedent that Fla. Stat. \u00a7 934.23 violated the Fourth Amendment or that a warrant supported by probable cause was required to obtain the information sought. Thus, it was reasonable for law enforcement to rely on \u00a7 934.23 to obtain historical cell-site location data without a warrant.\u201d Louis v. Fla. Dep&#8217;t of Corr., 2025 U.S. App. LEXIS 7338 (11th Cir. Mar. 28, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cThe totality of the evidence before the issuing judge was sufficient to establish probable cause. Detective Salley&#8217;s affidavit in support of the search warrant had outlined observations that law enforcement had made during surveillance of the Astro Drive Residence, which, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=60648\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[84,11,20],"tags":[],"class_list":["post-60648","post","type-post","status-publish","format-standard","hentry","category-cell-site-location-information","category-good-faith-exception","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60648","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=60648"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60648\/revisions"}],"predecessor-version":[{"id":60649,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60648\/revisions\/60649"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60648"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60648"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60648"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}