Ricky Wahchumwah v. United States

ORDER

The opinion filed November 27, 2012, and published at 2012 WL 5951624 , is amended as follows:

In the third paragraph on page *3, add the following footnote after the sentence ending with < government’s prolonged sur-veillances:

194 F.3d 1045, 1052 (9th Cir.1999), and the court will not consider arguments raised only in amicus briefs. See Choker v. Crogan, 428 F.3d 1215, 1220 (9th Cir.2005). Because Wahchumwah has not argued that a Fourth Amendment violation under the trespass theory articulated in Jones occurred in this case, that issue is not properly before us, and we express no opinion concerning it.>

With this amendment, the panel has unanimously voted to deny the petition for rehearing. Chief Judge Kozinski and Judge M. Smith have voted to deny the petition for rehearing en banc, and Judge Tashima so recommends.

The full court has been…