DEA Can Track Pot Growers With Mobile Devices

CANNABIS CULTURE – A US Federal court says the Drug Enforcement Administration has the right to attach mobile tracking devices to the vehicles of suspected marijuana growers.

A 9th Circuit appeals court in Portland Oregon upheld a guilty verdict of marijuana manufacturing and conspiracy to manufacture against Juan Pineda-Moreno, who had appealed on grounds his constitutional rights were violated by DEA agents who attached small electronic transmitters to his SUV on multiple occasions to track his movements.

According to court documents, a DEA special agent “noticed a group of men purchasing a large quantity of fertilizer from a Home Depot” on May 28, 2007 and, “recognizing the fertilizer as a type frequently used to grow marijuana”, followed Pineda-Moreno’s 1997 Jeep Grand Cherokee as it left the store.

In June, agents learned the men had “purchased large quantities of groceries, irrigation equipment, and deer repellant at several stores” and had traveled in Pineda-Moreno’s Jeep. After learning Pineda-Moreno’s address, the DEA intensified their investigation.

“Over a four-month period, agents repeatedly monitored Pineda-Moreno’s Jeep using various types of mobile tracking devices,” the court’s opinion papers say. “Each device was about the size of a bar of soap and had a magnet affixed to its side, allowing it to be attached to the underside of a car.”

“Agents installed these devices on the underside of Pineda-Moreno’s Jeep on seven different occasions. On four of these occasions, the vehicle was parked on a public street in front of Pineda-Moreno’s home. On one occasion, it was located in a public parking lot. On the other two occasions, the Jeep was parked in Pineda-Moreno’s driveway, a few feet from the side of his trailer. The driveway leading up to the trailer was open; agents did not observe any fence, gate, or ‘No Trespassing’ signs indicating that they were not to enter the property. […] Once in place, the tracking devices recorded and logged the precise movements of the vehicle. Some of these devices permitted agents to access the information remotely, while others required them to remove the device from the vehicle and download the information directly.”

On September 12, 2007, DEA agents pulled Pineda-Moreno’s vehicle over after received information from one of the devices indicating he was leaving a suspected grow show. Agents said they smelled marijuana, though none was found in the vehicle or on Pineda-Moreno or his three passengers. After contacting immigration authorities, who arrested the three other men, DEA agents searched Pineda-Moreno’s home and found two garbage bags full of pot.

The court ruled that Pineda-Moreno’ could not show “that the agents invaded an area in which he possessed a reasonable expectation of privacy when they walked up his driveway and attached the tracking device to his vehicle. Because the agents did not invade such an area, they conducted no search, and Pineda-Moreno can assert no Fourth Amendment violation.”

“Pineda-Moreno makes no claim that the agents used the tracking devices to intrude into a constitutionally protected area,” Judge Diarmuid F. O’Scannlain said in the court decision. “The only information the agents obtained from the tracking devices was a log of the locations where Pineda-Moreno’s car traveled, information the agents could have obtained by following the car. Insofar as [Pineda-Moreno’s] complaint appears to be simply that scientific devices such as the [tracking devices]enabled the police to be more effective in detecting crime, it simply has no constitutional foundation. We have never equated police efficiency with unconstitutionality and decline to do so now.” […] We conclude that the police did not conduct an impermissible search of Pineda-Moreno’s car by monitoring its location with mobile tracking devices.”

Comments

33 Comments

  1. Anonymous on

    Just read the article about the DEA using tracking devices in investigations…hmmm…well I don’t think thats cool!! You know what else I don’t think is cool, there are States that have lenient marijuana laws, so why don’t the big time dope growers move there and do thier business? Why? Because black market weed is way more expensive, and it’s really all about money..it’s not about spreading a lil sunshine to this type of grower, it’s about getting the cash you made working into thier pocket, and usually they don’t work or want to, but they find young people who do have jobs and then get them to birdsit thier drug houses, flashing money, vehicles, and sometimes using flat out violent intimidation to further thier cause.And quite often they are also using this money to finance more harmful drugs, and if folks want to spout teenage pre-pubescent bullshit out of thier mouths about how weed is harmless then you need to get educated!! I had my life threatened by a drug dealer who was using my young niece( 17) to sell his drugs till I found out, so I went to his house, knocked on the door and when he opened it, I planted my elbow dead in his chops and knocked every fucking front tooth out!! Then I said come on punk call the cops!! But of course he couldnt cause he had dope in there, so I PICKED HIS PUNK ASS UP AND BEAT HIM NEARLY TO DEATH!! So hey you punk ass drug dealers using kids to sling your weed..of you come to my town..Ill blow your fucking house right up!! And roast marshmellows on the fire afterward!! You punk ass lil cocksuckers!!

  2. Bob on

    This could be it once and for all, we can end this stupid prohibition on marijuana, cannabis, hemp, and making criminals out of good people. Call 973 409 3274 . Lets put an end to the madness once and for all. All across America

  3. watch tv on your phone on

    By attaching the mobile tracking devices to the vehicles of suspected marijuana growers, they can able to track the persons. I hope these mobile tracking devices will really help in decreasing the crime.

  4. Anonymous on

    and on top of that, the people growing reefer prolly make the economy more money than them doing all the work they do just to figure what the potheads are up to lol

  5. Anonymous on

    Okay, the courts have ruled that, because you buy fertilizer, that’s probable cause for the DEA to put tracking equipment on your vehicle and to stake out your every move. They probably wasted more tax payer money doing this than what the guy would have made from the actual grow. In the end, the serious growers will use counter-measures to fuck with the police. I foresee a fifty-dollar device that will allow you to scan your car to see if it’s emitting a tracking frequency. Marijuana will be legal, and then these numb nuts perhaps can spend their time tracking down murders, rapists, child molesters, thieves–instead. To think all this time, money, and manpower was wasted on a guy growing weed. It’s sick.

  6. Anonymous on

    These half dead fuddy duddy gezzer judges need acouple of pot brownies and a good blow job after they kick in and pot would be legal immediately.

  7. gstlab3 on

    THE RIGHT TO REMAIN FREE FROM INTRUSSIVE POLICE ACTION WENT OUT THE WINDOW WITH THE INVENTION OF THE MICROCHIP AND BROADBAND AND OTHER OVER THE AIR DEVICES SUCH AS CELL PHONES., THE CORDLESS PHONES IN YOUR HOME ALL TRANSMIT SIGNALS THAT ARE LISTENED TO WITHOUT THE NEED FOR A WARRANT AS THESE SIGNALS TRAVEL THROUGH THE PUBLIC AIR SPACE!!!!

    TRESPASSING IN THE MIDDLE OF THE NIGHT CAN GET YOU SHOT AND KILLED OUT HERE IN THE BOONDOCKS AND IN THEM THAR HILLS DOa’N’CHA KNOW?!?

    I ADVOCATE THE KILLING OF ALL FEDERAL AGENTS CAUGHT IN THE ACT OF VIOLATING A MANS RIGHT TO TRAVEL IN PEACE.
    HELL I ADVOCATE THE KILLING OF ALL OF THEM JUST FOR THE SIMPLE FACT THEY ARE “JUST FOLLOWING ORDERS”
    LIKE THE COMMUNIST NAZIS THEY ARE!!!!!!!

  8. Louis Vuitton bags on

    The court ruled that Pineda-Moreno’ could not show “that the agents invaded an area in which he

  9. Louis Vuitton bags on

    ourth- Remember, using cannabis may not be addictive, but growing it is.

  10. keeping it clean on

    Three cheers for the a$$#@!3 who’s removing spammy comments (like the one above). They detract from intelligent responses and generally turn a valuable discussion board into a semi-literate dumping ground for linkspam.

  11. Anonymous on

    It looks like the cops lied about smelling marijuana. How can you say you smell marijuana but not find any?

  12. dopesmylez on

    smoke dro. don’t support the large swag industry that sends cash primarily to the cartels. Learn to grow, and outgrow the government. All we gotta do is let them see that they’re never gonna get rid of weed. They can only act like they’re blind for so long before the people end up taking the country back.

  13. greenguy28 on

    I guarantee that the RCMP do this as well. All of the people I know that have gone to jail over growing had a GPS tracker installed on the underside of their vehicle. They leave it there for a month or so and then take it off. I even know someone that caught them taking it off.

  14. Anonymous on

    Some people say some really stupid shit, man.

  15. Anonymous on

    That be Officer Mike Evens of the Vages D.E.A. office. He a MOD on there forum site, still works there? hes also there loundest mouth as prove? hes there top poster?!, sum forum when a mods a top poster, for that forum…L.A.M.E.!! Iam so glad that are forum is closed to new members(G.N.N.) So we dont have half the lame never did anything execpt yap-yap- yap oh yea march around till the cops shooh you away? In our day we took it right to the cops and WON?! Maybe that wtf! poster right? Maybe Canadians have turn into cowards?

  16. Anonymous on

    And these growers being tracked are a danger how? I could put a webcam on my house and watch for what the neighbors grow in their vegetable garden. It makes absolutely no sense and is an incredible invasion of privacy! But all in the name of the drug war and “dangers?” being imposed on our youth. What BS!!!

  17. Anonymous on

    Take a lesson from KopBusters – flip the game. When illegal search and seizure happens just be ready for it. Have surveillance equipment ready for them. If it comes to it you can protect yourself and find any bugs with a hand held detector for under $100. We have the power over these people – they work for us with our money.

  18. Anonymous on

    If hey can do it to us , why don’t we set up a task force to do it to them. lets start tracking them llol

  19. Anonymous on

    DEA stands for drug enforcement administration just to clarify.

  20. dea hater on

    If the DEA sneaks up to someones property or vehicle legally owned, rented or leased (etc) they should be considered major criminals. If a person did that to somebody they would possibly be charged with trespassing, harassment, stalking, prowling, entrapment, endangerment, vandalism and threats which means if you have the right to bear arms then why does the law make it even more dangerous??? It is nobody’s business who buys what from stores, if soil is available at a store then DEA shouldn’t have the right to track the person. MAKE SOIL ILLEGAL IF YOU LIKE STALKING PEOPLE because the little rookie DEA agent will get blown up first. The DEA asking for trouble, they would fight and suggest that they were being attacked as an excuse to kill somebody!!!! An experience with police brutality makes it look even worse reading this, A bunch of C students with a neanderthal brains thinking they can pull a gun on you just because you notice someone might be vandalizing your car? Or standing outside your door? The DEA should go worry about hard drugs but the drug gangs are overpowering them so they must attack marijuana

  21. freedom on

    I agree, I thought Marc Emery was a freedom fighter… if the messages are being removed then YOUR magazine has nothing to do with FREEDOM! Didn’t Marc say Fuck You to the press & news???? DEJA VU – KARMA – Which one wants to be the DEA little bitch!!!!, One of these comments just might click in to the right place. The real issues that are too obvious are frightening and embarrassing to the human race are being mentioned by people with balls ready for a CIVIL war and tired of seeing this bullshit about any laws

  22. Harry Pothead on

    It could be even more fun to put the device on a cop car.

    Then they can track it to all the donut shops.

  23. Harry Pothead on

    Keep your car truck or what ever in plain sight.

    Locked in a garage if you can and not park on the street.

    But if you suspect something amiss seek it out, remove it and place said device on a UPS or Fed-X truck and see the fun ensue.

    It is

  24. Dave on

    Yea right, nothing is ever black and white with bullies running the show. If they are not all scumbags then how come the good ones are not telling on the bad ones. Why? Because they’re all scumbags! That’s why!!!

    Furthermore, I’ve been dealing with the “Black Market” for roughly 40 years and I can say the people involved, by far, have more integrity than any bully pig I’ve ever had to deal with!

    And as you can see, I don’t speak from the shadow!

    Go get stroked on their sites!

  25. jomila on

    Dea stands for Drug Enforcement Agency. If you smoke weed how could you say not all DEA agents are scumbags? Yeah it’s there job, buts it’s a job they chose so in my honest opioion there all fuckin scumbags!

  26. Anonymous on

    Who is the AssHole removing Comment’s

  27. Anonymous on

    What a waste of sperm, DEA your daddy would of better off nutting in the toilet he would of got more out of the deal

  28. dizzle2yizzle2u lol on

    Yeah! what He said!

  29. Anonymous on

    yea fuck that shit, we have the right to bear arms so if the govt gets out of control we can take the fucking power back. And until that happens we will continue to be fucked in the ass with no lube!

  30. Anonymous on

    IMHO, not all DEA agents are scumbags who should rot in hell, though surely some are and should. The same can be said of some, but not all dealers and/or users. No one is perfect – DEA agents are by and large, doing their job, and in most cases (I hope) are doing it with integrity. I’m not sure I can say the same for most “black market” dealers, whose sole motivation is cash money. I guess what I’m saying is don’t hate the playa – hate the game. Focus your energy on changing the fucked up drug laws (set by the FDA, not the DEA) rather than spitting venom at law enforcement – it’s only gonna piss em off even more, and they have guns.

    Spread love, not hate.

    peace.

  31. Anonymous on

    One grower down and lets say 10 million to go. DEA you are wasted sperm your daddy would of been better off nutting in the toilet he would of got more out of the deal.

  32. Anonymous on

    fuck the police fuck the dea fuck all the alphabet boys