United States v. Pineda-Moreno
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United States v. Pineda-Moreno, 591 F.3d 1212 (2010)[1] was a 2010 Ninth Circuit Court of Appeals case regarding the use of GPS devices. The court ruled that a placing a GPS tracking device a personal vehicle without a warrant did not violate a suspect's Fourth Amendment rights, even if the vehicle was parked in the defendant's driveway at the time the device was placed. The case was reversed and remanded by the United States Supreme Court in light of United States v. Jones.
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Quick Facts United States v. Pineda-Moreno, Court ...
United States v. Pineda-Moreno | |
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Court | United States Court of Appeals for the Ninth Circuit |
Full case name | United States of America v. Juan Pineda-Moreno |
Argued | October 5, 2009 |
Decided | January 11, 2010 |
Citation(s) | 591 F.3d 1212 |
Case history | |
Subsequent history | • Rehearing en banc denied, 617 F.3d 1120 (2010)
• Reversed by the Supreme Court and remanded. • Doctrine overruled in 2012. |
Holding | |
Law Enforcement may use a GPS tracer on a vehicle, even if the vehicle is on one's driveway. | |
Court membership | |
Judge(s) sitting | Diarmuid F. O'Scannlain, N. Randy Smith, Charles R. Wolle (S.D. Iowa) |
Case opinions | |
Majority | O'Scannlain, joined by Smith, Wolle |
Dissent | Alex Kozinski (dissenting from denial of rehearing en banc), joined by Stephen Reinhardt, Kim McLane Wardlaw, Richard A. Paez, Marsha Berzon |
Dissent | Reinhardt (dissenting from denial of rehearing en banc) |
Laws applied | |
U.S. Const. amend. IV | |
Overruled by | |
United States v. Jones, U.S. Supreme Court; United States v. Pineda-Moreno, 9th Circuit (2012) |
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