Juan Pineda-Moreno of Oregon, who was arrested and charged for allegedly growing marijuana, is planning to petition the Supreme Court over a recent lower court decisions that allowed evidence from a tracking device the Drug Enforcement Administration (DEA) secretly installed under his car.
DEA agents, who did not have a warrant, began tracking Pineda-Moreno in 2007 and arrested him based on GPS data from the device that showed he traveled to an area where marijuana was being grown, according to media reports.
Now, after the recent Federal appeals court ruling in the government agency’s favor, the man is reportedly planning to seek recourse at the Supreme Court on the basis that the surveillance violated his Fourth Amendment rights.
The amendment is part of the Bill of Rights that protects citizens against unreasonable search and seizure.
Chief Justice Alex Kozinsky, who presented a dissenting opinion in last month’s ruling at the 9th U.S. Circuit Court of Appeals, wrote that "there is something creepy and un-American about such clandestine and underhanded behavior," quoted by the Mail Tribune.