Did the District Court err by relying on evidence received after Mr. Nave's warrantless arrest to determine the veracity of statements made by the affiant in the probable cause affidavit

QUESTIONS PRESENTED I. Mr. Nave was arrested without a warrant and without probable cause. Mr. Nave alleged that his trial counsel was ineffective for failing to object to Mr. Nave’s warrantless arrest on the basis that the affiant made false statements in the probable cause affidavit that were necessary to the finding of probable cause. The case thus presents the following question. Did the District Court err by relying on evidence received afier Mr. Nave’s warrantless arrest to determine the veracity of statements made by the affiant in the probable cause affidavit when this Court has held probable cause determinations depends on the facts and circumstances present at the moment the arrest was made? Il. Mr. Nave argued that his trial counsel was ineffective for failing to object to a State witness in-court identification on the grounds that (1) the pretrial identification procedures were unduly suggestive and (2) the identification was unreliable. The State failed to respond to Mr. Nave’s reliability argument. The case presents the following question. Did the district court err by not accepting Mr. Nave’s reliability argument after the State failed to respond and when Circuit Courts have held failure to respond to argument results in waiver? i 4. \ : \