Law enforcement officers may secretly place a GPS device on a person's car without seeking a warrant from a judge according to a recent Federal appeals court ruling in California.

        Drug Enforcement Administration agents in Oregon in 2007 covertly attached a GPS to the silver Jeep owned by Juan Pineda-Moreno, whom they suspected of growing marijuana.

        When Pineda-Moreno was arrested and charged, one piece of evidence was the GPS data, including the longitude and latitude of where the Jeep was driven, and how long it stayed. Prosecutors claimed the Jeep was driven several times to remote rural locations where agents discovered marijuana being grown, court documents show.

        Pineda-Moreno eventually pleaded guilty to conspiracy to grow marijuana, and is serving a 51-month sentence, according to his lawyer.

        But he appealed on the grounds that trespassing onto a person's driveway and secretly tracking their car violates a person's reasonable expectation of privacy.

        "They went onto the property several times in the middle of the night without his knowledge and without his permission," said his lawyer, Harrison Latto. That is trespassing. The entire legal matter should have been thrown into the waste basket.

        The U.S. Ninth Circuit Court of Appeals rejected the appeal twice -- in January of this year by a three-judge panel, and then again by the full court earlier this month. The judges who affirmed Pineda-Moreno's conviction did so without comment.

        Latto says the Ninth Circuit decision means law enforcement can place trackers on cars, without seeking a court's permission in the nine western states the California-based circuit covers.

        Once again, the Judiciary is legislating. You would think the California Legislature would be roaring mad when this happens, and would pass their own legislation to send a message to the offending Judge.

        The ruling may not end the legal question. A federal appeals court in Washington, D.C., arrived at a different conclusion in similar case, saying officers who attached a GPS to the car of a suspected drug dealer should have sought a warrant.

        The issue could eventually reach the U.S. Supreme Court.