{"id":4607,"date":"2010-08-30T21:20:46","date_gmt":"2010-08-30T21:10:47","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-08-30T21:10:47","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4607","title":{"rendered":"Media discovers August 27th that Pineda-Moreno<\/em> was decided January 11th"},"content":{"rendered":"

Have any of you noticed the sudden flurry of news stories in the last week, and today on CNN Headline News, about the Ninth Circuit\u2019s United States v. Pineda-Moreno, 591 F.3d 1212 (9th Cir. 2010), like it just happened yesterday? It was January 11th,<\/em> posted here<\/a>.<\/p>\n

Other sleeping news organizations just noticing this 7\u00bd month old decision are:<\/p>\n

\u2022 CNN, August 27: Court allows agents to secretly put GPS trackers on cars<\/a> <\/p>\n

\u2022 FoxNews August 27: Court Allows Warrantless GPS Tracking<\/a> <\/p>\n

\u2022 All headline news, August 27: Ninth Circuit Appeals Court Allows Warrantless GPS Tracking<\/a><\/p>\n

OPB News had it a week later on January 19: Ninth Circuit Court Allows GPS Surveillance Technique<\/a>.<\/p>\n

None of them bother to mention United States v. Maynard from the D.C. Circuit a few weeks ago or People v. Weaver from New York\u2019s highest court last year,<\/em> posted here<\/a> holding that there are government limits on GPS. It isn’t over their heads. Jeffery Toobin could do it, or the faux former judge on Fox with the plastic hair.<\/p>\n

Where are you guys when “the right to be let alone” is swirling around and down the toilet? Where is the thoughtful analysis that should inform the public that this is going to the Supreme Court and what might happen there? Not from these people; not yet.<\/p>\n

This was partly conceded in the Freep.com: We, the people, need to pay attention<\/a> by Rochelle Riley in the Detroit Free Press:<\/p>\n

We, the people, don’t always keep up with what federal agencies are doing.<\/p>\n

So while we, the people, aren’t looking, we are losing our rights.<\/p>\n

While we were sleeping, the U.S. 9th Circuit Court of Appeals — which covers California and eight other states — decided it was OK for agents from the federal Drug Enforcement Administration to sneak into a guy’s driveway and put a GPS tracking device under the bottom of his car. The wise judges said that the agents did not need a warrant because the guy’s driveway wasn’t private.<\/p>\n

That kind of thinking — that you should have no expectation of privacy in your driveway — is now law in nine states.<\/p><\/blockquote>\n

And, Ms. Riley, as for the others, it isn’t that they were sleeping–their head was someplace else. Likely more “worried” about [read: fell for] any false political issues of the day designed to distract all of you from what is really going on in criminal justice, and it worked. It really worked. <\/p>\n

Better late than never, apparently.<\/p>\n","protected":false},"excerpt":{"rendered":"

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