When a tip was received that marijuana was being grown in his greenhouse, Michael Riley’s property was observed from a helicopter by an investigating officer. The helicopter flyover was deemed necessary because the items within the greenhouse could not be observed from a nearby road. Riley was subsequently arrested and tried for offenses stemming from his cultivation efforts. The defense challenged the use of the information acquired by the helicopter flyover saying that it was an illegal search under the Fourth Amendment to the U.S. Constitution. The Florida Supreme Court agreed with the defense. Could the State of Florida appeal the decision to the U.S. Supreme Court? Why or why not? (Florida v. Riley, 102 L.Ed. 2d 835)