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CA9: Entering defendant's driveway at 4 a.m. to install a GPS device on his car violated no REP

By John Wesley Hall, Jr.

Entering defendant's driveway at 4 a.m. to install a GPS device on his car violated no reasonable expectation of privacy. They entered where anybody approaching the property would or had to. United States v. Pineda-Moreno, 08-30385 (9th Cir. January 11, 2010): Pineda-Moreno’s case differs from [United States v.] McIver, [186 F.3d 1119 (9th Cir. 1999)] in only one respect. Whereas McIver conceded that his car was not parked within the curtilage of his home when the agents attached the tracking device, id. at 1126, the government here concedes that Pineda-Moreno’s Jeep was parked within the curtilage of his home when the agents attached the tracking device. We need not decide, however, whether Pineda-Moreno’s vehicle was parked within the curtilage of his home...continue to full post

Full post as published by Fourth Amendment on January 12, 2010 (boomark / email).