photo: OldOnliner

On January 11, 2010 the Ninth Circuit Court of Appeals, which covers neighboring states like Arizona, Nevada and Idaho & has influence over what the Tenth Circuit Court of Appeals (which governs Utah Federal caselaw)  ruled on the case of the US v. Pinedo-Moreno. In this case evidence was used from a tracking device that was attached to the undercarrage of the Defendant/Appellant’s car.  The court stated that the evidence was legally obtained and could be used even though the tracking device was attached to the car when it was parked in the owner’s driveway.  This was largely due to the fact that there was no gate or sign barring entry to the driveway and the car was clearly visible from the street.

Since anyone could potentially be on the driveway,  look under the car, and you could easily be followed in your vehicle, this car had no “reasonable expectation of privacy” at the location and time of the tracking attachment.  This essentially means that police can use tracking devices on your vehicle very easily as the device does not constitute a search. Your vehicle could have a device attached without your knowing.

Your right to privacy concerning your motor-vehicle is continuing to dwindle as the United States Supreme Court has already held that when traveling on public roads a citizen has no reasonable expectation of privacy. Without defense lawyers working hard to protect a person’s privacy rights more and more intrusive evidence may be used in the court of law.  Please hire the absolute best Utah criminal defense lawyer you can afford and protect your rights when being charged with a crime.