Ruling on Government Placement of GPS on Cars While in Driveway

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In January 2010, the Ninth Circuit Court of Appeals ruled that law enforcement officers could secretly place GPS devices on a person’s car without seeking a warrant from a judge. A request for a full-court, en banc, rehearing was denied in August. (See Holding – US vs. Pineda Moreno)

See also:

The Government Can Use GPS to Track Your Moves, Adam Cohen, Time Magazine, August 25, 2010

Judges Divided Over Rising GPS Surveillance, Charlie Savage, NYT, August 10, 2010

Interview with Adam Cohen, Time author and attorney, on Ninth Circuit Ruling

Analysis by Brian S. Batterton, Attorney, Legal and Liability Risk Management Institute

Analysis by Bow Tie’s Law Blog

Kevin Pomfret Location and Privacy Blog posting

Related Court Cases:

4th District Court of Appeals Decision

A federal appeals court in Washington, D.C., arrived at a different conclusion in similar case, saying officers who attached a GPS to the car of a suspected drug dealer should have sought a warrant. (U.S.v. Maynard, D.C. Cir., Aug. 6, 2010)


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