A much more controversial drug case ruling decided by a 5 to 4 split on February 20, 2001, was
Kyllo v.
United States. The controversy surrounded the use of a thermal-imaging device to scan a residence for heat emissions.
Federal agent William Elliot suspected Danny Kyllo was growing marijuana in his home. Many people growing marijuana use high intensity heat generating lamps to facilitate its growth. Elliot parked his car across from Kyllo's home and aimed a thermal imager at the house to see if the heat emanating from Kyllo's home was consistent with readings that would be expected if these high intensity lamps were being used.
Elliot conducted the scan at 3:20 A.M. and took just a few minutes to find out that the garage roof and one wall of the house were hotter than the rest of the house as well as the houses of his neighbors.
.....................................Just the Facts...................................................
Federal agent William Elliot used a device that is widely available to the general publican Agema Thermovision 210. Thermal-imaging devices detect infrared radiation, which is emitted by almost all objects, but is not visible to the naked eye.
Using this information, as well as the information from an informant and Kyllo's subpoenaed utility, Elliot got a search warrant to search Kyllo's home. The search revealed over 100 marijuana plants under the cultivation of high-intensity lamps as the imager showed. Kyllo tried to suppress the evidence, which was denied by the district court. Kyllo entered a conditional guilty plea and appealed his case to the 9th Circuit Court.
The 9th Circuit Court ruled that the district court should hold a hearing on whether the use of the thermal imager was intrusive and violated Kyllo's Fourth Amendment rights. The district court found the imager was non-intrusive, gave a crude visual image of heat being radiated from the outside of the house, did not show any people or activity in the house, and could not penetrate the walls or windows. Therefore no intimate details had been revealed by the scan. The 9th Circuit Court affirmed that Kyllo's rights had not been denied because of an unconstitutional search and seizure.
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Living Laws.................................................
Police cannot use an electronic device that would explore the details of your home without first getting a search warrant.
Kyllo then appealed the case to the United States Supreme Court. In a 5 to 4 decision, the Supreme Court found that to explore the details of the home that would previously have been unknowable without physical intrusion, the surveillance is a 'search' and is presumptively unreasonable without a warrant. Justice Scalia wrote the opinion for the Court and was joined by Breyer, Ginsburg, Souter and Thomas. Justice Stevens dissented and was joined by Rehnquist, Kennedy, and O'Connor.
Read more:
The Supreme Court: Finding Marijuana with Thermal-Imaging Devices Infoplease.com http://www.infoplease.com/cig/supreme-court/finding-marijuana-with-thermal-imaging-devices.html#ixzz2K32mc25i