U.S. v. PINEDA-MORENO
617 F.3d 1120 (2010)
United States Court of Appeals, Ninth Circuit.
August 12, 2010.
I don't think that most people in the United States would agree with the panel that someone who leaves his car parked in his driveway outside the door of his home invites people to crawl under it and attach a device that will track the vehicle's every movement and transmit that information to total strangers. There is something creepy and un-American about such clandestine and underhanded behavior. To those of us who have lived under a totalitarian regime, there is an eerie feeling of déjà vu. This case, if any, deserves the comprehensive, mature and diverse consideration that an en banc panel can provide. We are taking a giant leap into the unknown, and the consequences for ourselves and our children may be dire and irreversible. Some day, soon, we may wake up and find we're living in Oceania.
REINHARDT, Circuit Judge, dissenting from the denial of rehearing en banc:
I concur in Chief Judge Kozinski's dissent.
I have served on this court for nearly three decades. I regret that over that time the courts have gradually but deliberately reduced the protections of the Fourth Amendment to the point at which it scarcely resembles the robust guarantor of our constitutional rights we knew when I joined the bench. See Fisher v. City of
San Jose, 558 F.3d 1069, 1089 (9th Cir. 2009) (en banc) (Reinhardt, J., dissenting); United States v. Ankeny, 502 F.3d 829, 841 (9th Cir.2007) (Reinhardt, J., dissenting); United States v. Crapser, 472 F.3d 1141, 1149 (9th Cir.2007) (Reinhardt, J., dissenting); United States v. Gourde, 440 F.3d 1065, 1074 (9th Cir.2006) (en banc) (Reinhardt, J., dissenting); United States v. Kincade, 379 F.3d 813, 842 (9th Cir.2004) (en banc) (Reinhardt, J., dissenting); United States v. Hudson, 100 F.3d 1409, 1421 (9th Cir.1996) (Reinhardt, J., dissenting); Acton v. Vernonia Sch. Dist. 47J, 66 F.3d 217, 218 (9th Cir.1995) (Reinhardt, J., dissenting); United States v. Barona, 56 F.3d 1087, 1098 (9th Cir.1995) (Reinhardt, J., dissenting); United States v. Kelley, 953 F.2d 562, 566 (9th Cir.1992) (Reinhardt, J., dissenting); United States v. Alvarez, 899 F.2d 833, 840 (9th Cir.1990) (Reinhardt, J., dissenting); United States v. Flores, 679 F.2d 173, 178 (9th Cir.1982) (Reinhardt, J., dissenting).
These decisions have curtailed the "right of the people to be secure ... against unreasonable searches and seizures" not only in our homes and surrounding curtilage, but also in our vehicles, computers, telephones, and bodies—all the way down to our bodily fluids and DNA.
Today's decision is but one more step down the gloomy path the current Judiciary has chosen to follow with regard to the liberties protected by the Fourth Amendment. Sadly, I predict that there will be many more such decisions to come.
* The Honorable Charles R. Wolle, United States District Judge for the Southern District of Iowa, sitting by designation.