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U.S. v. PINEDA-MORENO

No. 08-30385.

688 F.3d 1087 (2012)

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

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2012.

Attorney(s) appearing for the Case

Harrison Latto , Portland, OR, argued the cause and filed the supplemental brief for the defendant-appellant.

Kelly Zusman , Appellate Chief, District of Oregon, Eugene, OR, argued the cause and filed the supplemental brief for the plaintiff-appellee. With her on the brief were S. Amanda Marshall , United States Attorney, District of Oregon, Eugene, Oregon, and Amy E. Potter , Assistant United States Attorney, Eugene, OR.

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

OPINION

O'SCANNLAIN, Circuit Judge:

In this matter which arose prior to the Supreme Court's decision in United States v. Jones, ___ U.S. ___, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012), we must decide whether to apply the exclusionary rule where law enforcement agents attached mobile tracking devices to the underside of a defendant's car and used those devices to track the car's movements.

I

In 2007 the...

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