What is the current state of the law on appeal against an arrest warrant issued against an individual who did not raise his Fourth Amendment claim in the trial court?

Appellant did not raise his Fourth Amendment claim in the trial court, either in his initial motion to set aside the arrest warrant or in his later, supplemental motion, and the trial court never ruled on that claim. Ordinarily, this court would not consider an issue raised for the first time on appeal. United States v. Black, 609 F.2d 1330, 1333 (9th Cir. 1979). In this instance, however, the exception stated in Black applies "the issue conceded or neglected in the trial court is purely one of law and the pertinent record has been fully developed ... (and) the issues have been fully briefed." Id. Moreover, the government has raised no objection to consideration of the Fourth Amendment issue.