The Ninth Circuit has revisited United States v. Pineda-Moreno, No. 08-30385 (9th Cir., Aug. 6, 2012) after remand from the Supreme Court and has upheld the use of GPS evidence in the case due to the Davis good faith rule.
Pineda-Moreno was one of the three leading circuit cases prior to Jones to hold that a GPS device could be used by law enforcement without a search warrant - the Ninth's reasoning was that the installation and use was not a search. After the Supreme Court held the use to be a search in Jones, Pineda-Moreno appealed to the Supreme Court where the conviction was vacated and remanded.
Following the general pattern of such cases, the exclusionary rule does not apply because law enforcement acted on then-binding circuit precedent. The Ninth Circuit had held prior to Pineda-Moreno that "placing an electronic tracking device on the undercarriage of a car was neither a search nor a seizure under the Fourth Amendment." United States v. McIver, 186 F.3d 1119, 1126-27 (9th Cir. 1999).
Tuesday, August 14, 2012
Ninth Circuit takes second look at Pineda-Moreno, denies suppression of evidence
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Davis and Herring made some really bad law. Even if there was a constitutional violation, and even if the agent was slightly negligent, and there was no PC, the bar to overcome good faith in federal court is a Franks violation and... Well...Almost nothing else. I have stopped trying to explain "Good Faith" and it's caveats to lay persons, because it verges on too incredible to believe.
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