United States v. Yang, No. 18-10341 (9th Cir. 2020)Annotate this Case
The Ninth Circuit affirmed the district court's denial of defendant's motion to suppress after he pleaded guilty to receipt of stolen mail and being a prohibited person in possession of a firearm. Defendant moved to suppress the evidence seized from his residence and the statements he made to law enforcement on the basis that the search warrant obtained by the Postal Inspection Service relied on evidence that was obtained illegally.
The panel declined to address the potential Fourth Amendment privacy interests that may be implicated by the warrantless use of this Automatic License Plate Recognition (ALPR) technology, and held that defendant does not have a reasonable expectation of privacy in the historical location data of the Yukon under the facts of this case. The panel found no evidence in the record that Prestige Motors had a policy or practice of allowing lessees to keep cars beyond the rental period and Prestige had made affirmative attempts to repossess the vehicle by activating the GPS unit to locate and disable the vehicle. Therefore, defendant lacked standing to challenge the warrantless search of the database.