Appeals court OKs warrantless GPS tracking by feds
Recent Cases
The U.S. Court of Appeals for the Ninth Circuit earlier this month declined to schedule an en banc hearing, or a hearing before all judges in the ninth circuit, as requested by the defendant in a drug-related case. The defendant was seeking to suppress evidence gathered against him by federal agents who attached a GPS device to his vehicle without first obtaining a warrant.
The defendant, Juan Pineda-Moreno of Oregon, claims that U.S. Drug Enforcement Agency agents violated his Fourth Amendment rights against unreasonable search by planting, without a warrant, a tracking device on a vehicle parked in his driveway in 2007. The agents were tracking Pineda-Moreno on suspicion that he belonged to a marijuana growing operation.
A three-judge panel of the appellate court in January rejected Pineda-Moreno's claims and ruled that his constitutional rights were not violated. The court this month rejected a petition by Pineda-Moreno for a rehearing of his case by the full Ninth Circuit panel of judges.
The appellate court's ruling essentially gives law enforcement agencies in the nine Western states under the Ninth Circuit's jurisdiction the legal authority to surreptitiously enter personal property and attach a GPS tracking device on vehicles parked there without first obtaining a warrant.
Related listings
-
Toyota Recalls Corolla Sedans and Matrix Hatchbacks
Recent Cases 08/30/2010The popularity of Toyota took another blow last week as the company announced another in what seems to be a regular series of recalls. Apparently there have been issues with stalling engines in the 2005 through 2008 Matrix Hatchbacks and Corolla Seda...
-
Charlie Sheen pleads guilty in Aspen wife assault
Recent Cases 08/03/2010Charlie Sheen's plea deal with prosecutors allowed him to avoid jail time for a Christmas Day assault on his wife and also won't require him to do public service around the tony resort town of Aspen.The "Two and a Half Men" actor pleaded guilty Monda...
-
Neb. town may halt immigration law to save money
Recent Cases 07/27/2010Faced with expensive legal challenges, officials in the eastern Nebraska town of Fremont are considering suspending a voter-approved ban on hiring or renting property to illegal immigrants until the lawsuits are resolved.The City Council narrowly rej...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child. Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer.” Here are a few things to consider when asking yourself that question.