United States v. Miguel Leon

U.S. Court of Appeals for the Ninth Circuit
United States v. Miguel Leon, 554 F. App'x 585 (9th Cir. 2014)

United States v. Miguel Leon

Opinion

MEMORANDUM *

As appellant acknowledged in his briefs, and at oral argument, the application of the good-faith exception to this case is controlled by United, States v. Pineda-Moreno, 688 F.3d 1087 (9th Cir. 2012), which held that officers who placed and monitored a GPS device on a suspect’s car reasonably relied on then-binding precedent. As a three judge panel, we are bound by Pineda-Moreno. See generally Miller v. Gammie, 335 F.3d 889 (9th Cir. 2003) (en banc). Thus, although the government conceded below that the placement and use of a GPS device on Leon’s vehicle was unconstitutional under United States v. Jones, — U.S. -, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012), the district court did not err in ruling that the fruits of these searches were nevertheless admissible under the good-faith exception to the exclusionary rule. Pineda-Moreno, 688 F.3d at 1090-91.

AFFIRMED.

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Miguel LEON, Defendant-Appellant
Status
Unpublished