Pubdate: Tue, 07 Aug 2012 Source: Wall Street Journal (US) Copyright: 2012 Dow Jones & Company, Inc. Contact: http://www.wsj.com/ Details: http://www.mapinc.org/media/487 Author: Jess Bravin GPS TRACKING CASE UPHELD BY COURT A federal appeals court in Portland, Ore., Monday upheld the conviction of a suspected marijuana grower who had his car tracked by a GPS device installed without a search warrant, but declined to address broader privacy issues arising from an earlier Supreme Court ruling. The high court in January threw out another conviction authorities obtained through warrantless GPS tracking, in a case widely noted for its implications about privacy in a digital age. At the Ninth U.S. Circuit Court of Appeals, the Obama administration had argued that contrary to appearances, the Supreme Court's unanimous decision actually didn't require police to obtain warrants before installing global positioning system tracking devices. Writing for a three-member panel, Ninth Circuit Judge Diarmuid O'Scannlain wrote that in 2007, when Drug Enforcement Administration agents attached a tracker to suspect Juan Pineda-Moreno's Jeep Grand Cherokee, the government appropriately relied on then-valid Ninth Circuit precedent allowing such actions. A 1999 Ninth Circuit case had concluded that installing mobile tracking devices was neither a search nor seizure, and therefore didn't trigger the Fourth Amendment's protection from "unreasonable searches and seizures." Mr. Pineda-Moreno's appeal was pending at the Supreme Court when it issued the January decision, U.S. v. Jones. The high court then asked the Ninth Circuit to revisit the Pineda-Moreno case in light of Jones. The Justice Department had hoped for a broader blessing of warrantless GPS tracking. It wrote in its brief to the Ninth Circuit that "requiring a warrant and probable cause would seriously impede the government's ability to investigate drug trafficking, terrorism and other crimes." GPS trackers cause only a "limited intrusion" on personal privacy, the government argued. Judge O'Scannlain declined to address that claim. While recognizing that the January Supreme Court case "at least partially overrules" the Ninth Circuit's precedents, "we can address the effect of Jones more fully in future cases," the judge wrote. - --- MAP posted-by: Matt