ORDER
The opinion filed November 27, 2012, and published at 2012 WL 5951624, is amended as follows:
In the third paragraph on page *3, add the following footnote after the sentence ending with <government's prolonged surveillance.>:
<Although amicus Electronic Frontier Foundation argues that Wahchumwah can show a Fourth Amendment violation under the trespass theory articulated in Jones, Wahchumwah did not raise this argument in...
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