USA V. JUAN PINEDA-MORENO
#26
(08-29-2010, 06:50 PM)--Pete Wrote: No question about it. Yes, they had probable cause. Probable cause is necessary but not sufficient to conduct a search. In addition, either a warrant or exigent circumstances is required.

I think I agree with you about whether this should be considered exigent circumstances or not. But, rereading the opinion, it seems the judge sidestepped that issue entirely. The police did not conduct a "search", in the constitutional meaning of the term, because they did not enter into an area in which the defendant had a reasonable expectation of privacy. His driveway was open to view to the public, and lacking any clear attempt to render it private. Tracking his car with a device, or even entering his property (but not his house) to plant one was not legally different for the police than simply staking the place out and following him - no warrant required. Had he made attempts to keep his Jeep private, that would (apparently) be a different matter, but it appears he did not.

Whether doing this was good policy, for the police or for the public, is another question, and one where I strongly disagree with the police. But it does not appear his constitutional rights have been violated, at least, under the current interpretations of what "privacy" and "search" mean.

-Jester
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Messages In This Thread
USA V. JUAN PINEDA-MORENO - by kandrathe - 08-28-2010, 12:03 AM
RE: USA V. JUAN PINEDA-MORENO - by Jester - 08-28-2010, 12:15 AM
RE: USA V. JUAN PINEDA-MORENO - by kandrathe - 08-28-2010, 12:19 AM
RE: USA V. JUAN PINEDA-MORENO - by Jester - 08-28-2010, 12:29 AM
RE: USA V. JUAN PINEDA-MORENO - by --Pete - 08-28-2010, 12:59 AM
RE: USA V. JUAN PINEDA-MORENO - by Jester - 08-28-2010, 01:07 AM
RE: USA V. JUAN PINEDA-MORENO - by Sir_Die_alot - 08-28-2010, 02:27 AM
RE: USA V. JUAN PINEDA-MORENO - by Jester - 08-28-2010, 02:49 AM
RE: USA V. JUAN PINEDA-MORENO - by Lissa - 08-28-2010, 03:12 AM
RE: USA V. JUAN PINEDA-MORENO - by Jester - 08-28-2010, 01:26 PM
RE: USA V. JUAN PINEDA-MORENO - by kandrathe - 08-28-2010, 03:00 PM
RE: USA V. JUAN PINEDA-MORENO - by Lissa - 08-29-2010, 03:43 AM
RE: USA V. JUAN PINEDA-MORENO - by kandrathe - 08-29-2010, 04:16 AM
You do live in the USA, don't you? - by --Pete - 08-29-2010, 04:30 AM
RE: You do live in the USA, don't you? - by Lissa - 08-29-2010, 12:50 PM
RE: You do live in the USA, don't you? - by Jester - 08-29-2010, 08:38 PM
RE: You do live in the USA, don't you? - by Lissa - 08-29-2010, 05:08 PM
RE: USA V. JUAN PINEDA-MORENO - by Rhydderch Hael - 08-28-2010, 05:49 AM
RE: USA V. JUAN PINEDA-MORENO - by --Pete - 08-28-2010, 06:34 AM
RE: USA V. JUAN PINEDA-MORENO - by Lissa - 08-29-2010, 06:09 PM

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