busted by gps...not me

[middieman440]

Is your vehicle private property? The answer seems obvious: of course it is. But depending on where you parked it, you might give up some rights in actually keeping it "private." Police can place a tracking device on your car without a warrant, according to recent judgment in California.

Earlier this year, an Oregonian named Juan Pineda-Moreno was convicted of growing marijuana after police tracked his car to a suspected growing site. Pineda-Moreno appealed, citing the fact that on two occasions DEA agents placed tracking devices on his car while it was in his driveway -- which he considered private, not public, property -- and therefore breached his Fourth Amendment rights.

In case you don't have your Bill of Rights handy, here's the Fourth Amendment to the U.S. Constitution:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."


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The Ninth Circuit Court of Appeals ruled that Pineda-Moreno didn't have any signage or barriers around his property to clearly indicate that it was private property, and since "an individual going up to the house to deliver the newspaper or to visit someone would have to go through the driveway to get to the house," why couldn't the DEA? Further, the court ruled that the underside of his car isn't private because "[t]he undercarriage is part of the car's exterior, and as such, is not afforded a reasonable expectation of privacy."

Of course there are all kinds of legal chicanery involved, so read the decision (it's short) if you really want to know how it went down (for instance, DEA agents attached GPS devices on seven occasion, five of those in public places, not Pineda-Moreno's driveway) and then decide for yourself whether Orwell has lifted a finger from the grave or not.

How It All Went Down

Pineda-Moreno tipped law enforcement off in 2007 when he was seen buying a large amount of fertilizer from Home Depot. The fertilizer, one typically used to grow marijuana, was purchased in conjunction with groceries, irrigation supplies and deer repellant and placed in the back of his 1997 Jeep Grand Cherokee.

The Drug Enforcement Agency decided to study Pineda-Moreno more closely, placing GPS tracking devices on his vehicle. The devices, about the size of a bar of soap, were placed on the underside of his vehicle on seven different occasions -- four times while parked on the street outside of his residence, once in a public parking lot and twice while parked in his driveway. Reports indicate that police placed the devices on his vehicle between 4:00 and 5:00 AM in the mornings.

While tracking his vehicle, officials recognized Pineda-Moreno's car was leaving a commonly known marijuana growing location. They located his Jeep, pulled him over and noted the smell of marijuana coming from his car. All three people in the car were placed under arrest and when officials searched Pineda-Moreno's trailer, they found two large garbage bags full of weed.

What's undisputed is that Pineda-Moreno was in possession of marijuana. But should the manner in which police tracked him get called into question? While Pineda-Moreno lost this recent appeal, expect him to take it to a higher court (the U.S. Supreme Court) in the coming year.

middieman440 Reviewed by middieman440 on 08-31-2010. busted by gps...not me Is your vehicle private property? The answer seems obvious: of course it is. But depending on where you parked it, you might give up some rights in actually keeping it "private." Police can place a tracking device on your car without a warrant, according to recent judgment in California. Earlier this year, an Oregonian named Juan Pineda-Moreno was convicted of growing marijuana after police tracked his car to a suspected growing site. Pineda-Moreno appealed, citing the fact that on two Rating: 5

[gypski]

I now drive once or twice a week. The government would be wasting money to put one on me. All they'd know was when I went to WINCO, or the tobacco store. Lots more interesting and mobile illegals to track!!!

[middieman440]

but its rediculous they go this low for pot and they broke the law doing so..

[Slevinkal]

I don't believe that is permissible. Not at all.

Ya, he was busted with a stash, fairly large I guess, maybe a bunch of skuff or what not but still, he was busted with.

But that was an illegal search and seizure from what I can tell. That's a BS, low-ball, cheap, and downright wrong way to bust somebody.

If this crap is allowed, even for something that already should be legal, then whats next? Is the ATF or local police gonna wait me out if they see my truck sitting in the parking lot of a bar (not that I even drink much) and see how long I stay there then when I do leave follow me and pull me over?

Profiling is profiling and an illegal search is an illegal search!

Someone gonna tap my phone lines? I mean they are on my property with no clear fence line, whats the diff between the two?

Lines have been crossed here.

[LOC NAR on probation]

Should we pledge aligents to our NAZI bigbrothers. What's next, Torture Grandma to find out if little Billy is dealing Oreo's at the school playground.

There is NO LAW when a NAZI state makes it up as they go along.


Let's see who to bust tonight ?

Maybe them COKE heads with loads of money and guns. naw

Maybe then niddle addicts shooting up. naw

Maybe them paint sniffin PCP pill poppin heads. naw

Fuck Man you trying to get me killed ? Lets just go bust some potheads cause I'm hungry and they always share thier munchies. even in bad times.

All little good NAZI remember now.

The bigger the bust the better the boost.

[Ub3rB0ng]

This stuff is perfectly legal here in Cali,your own driveway isnt considered private Just like all of us supposed home owners,in this country you dont really own anything.

[killerweed420]

The only way you can protect yourself from the nazi thugs is to have a locked gate. Put a fence around the property and a locked gate for the driveway. They have to have a search warrant to cross any locked area.
Or buy one of these.

http://www.thejammerworld.com/product_GPS_Jammer__page_1.html 

And thats the real funny part of the war against the nazi thugs. These are illegal but its legal for them to spy on you.