Non-American here: glad to hear they can. Will they, in cases like this, do that by themselves? Or should someone (EFF) appeal this ruling? Or can only the suspect/criminal in this specific case appeal?
The defendant must appeal, but someone (the EFF) often supports the defendant through either friend-of-the-court briefs [1] or directly supplying free legal services.
[1] https://en.wikipedia.org/wiki/Amicus_curiae