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:

<Although amicus Electronic Frontier Foundation argues that Wahchumwah can show a Fourth Amendment violation under the trespass theory articulated in Jones, Wahchumwah did not raise this argument in the briefs he filed with our court. Generally, arguments not raised in a party’s opening brief are deemed waived, Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir.1999), and…