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CA9: Rehearing en banc denied in Pineda-Moreno, with 5 dissenting

By John Wesley Hall, Jr.

The Ninth Circuit upheld GPS surveillance in United States v. Pineda-Moreno, 591 F.3d 1212 (9th Cir. January 11, 2010). Yesterday, the denial of rehearing en banc was entered, with Judge Kozinksi dissenting, with four others: There’s been much talk about diversity on the bench, but there’s one kind of diversity that doesn’t exist: No truly poor people are appointed as federal judges, or as state judges for that matter. Judges, regardless of race, ethnicity or sex, are selected from the class of people who don’t live in trailers or urban ghettos. The everyday problems of people who live in poverty are not close to our hearts and minds because that’s not how we and our friends live. Yet poor people are entitled to privacy, even if they can’t afford all the gadgets of the wealthy for ensuring it...continue to full post

Full post as published by Fourth Amendment on August 13, 2010 (boomark / email).