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U.S. v. PINEDA-MORENO

No. 08-30385.

591 F.3d 1212 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Juan PINEDA-MORENO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 11, 2010.

Attorney(s) appearing for the Case

Harrison Latto, of Portland, OR, argued the cause for the defendant-appellant and filed the briefs.

Amy E. Potter, of Portland, OR, Assistant United States Attorney for the District of Oregon, argued the cause for the appellee. Karin J. Immergut, United States Attorney for the District of Oregon, and Judith R. Harper, of Medford, OR, Assistant United States Attorney for the District of Oregon, were on the brief.

Before: DIARMUID F. O'SCANNLAIN and N. RANDY SMITH, Circuit Judges, and CHARLES R. WOLLE, Senior District Judge.

O'SCANNLAIN, Circuit Judge:

We must decide whether law enforcement officers violate a suspect's Fourth Amendment rights when they enter the curtilage of his home and attach a mobile tracking device to the undercarriage of his car.

I

A

On May 28, 2007, a Drug Enforcement Administration ("DEA") special agent noticed a group of men purchasing a large quantity of fertilizer from a Home Depot. Recognizing the fertilizer as a type frequently...

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