See Katz, U. The Case Profile of Kyllo v. In either case, the only conclusions the officers reached concerning the interior of the home were at least as indirect as those that might have been inferred from the contents of discarded garbage, see California v.
That has no bearing, however, upon whether hi-tech measurement of emanations from a house is a search. The assumption is that to grow marijuana indoors, one needs to provide a large amount of light in order for the plants to photosynthesize.
The Agema Thermovision might disclose, for example, at what hour each night the lady of the house takes her daily sauna and bath-a detail that many would consider "intimate"; and a much more sophisticated system might detect nothing more intimate than the fact that someone left a closet light on.
The Court has crafted a rule that purports to deal with direct observations of the inside of the home, but the case before us merely involves indirect deductions from "off-the-wall" surveillance, that is, observations of the exterior of the home. Ciraolo, supra, at Moreover, I believe that the supposedly "bright-line" rule the Court has created in response toits concerns about future technological developments is unnecessary, unwise, and inconsistent with the Fourth Amendment The police might, for example, learn how many people are in a particular house by setting up year-round surveillance; but that does not make breaking and entering to find out the same information lawful.
Theoretical speculation about thermal imagers that could effectively render solid walls transparent thus has no relevance to the actual technology used in this case.
Nothing of the kind occurred, however. The device recorded only the heat being emitted from the home. The Court has crafted a rule that purports to deal with direct observations of the inside of the home, but the case before us merely involves indirect deductions from "off-the-wall" surveillance, that is, observations of the exterior of the home.
Indoor marijuana growth typically requires highintensity lamps. After the district court denied his motion to suppress the evidence seized from his house, petitioner entered a conditional guilty plea.
The Court held that the use of the beeper for that purpose constituted a search within the meaning of the Fourth Amendment. The observation of a satellite disk on the roof of a house indicates that a television is probably inside and that the occupant likely attaches great importance to that form of entertainment; when a person is seen walking into a house, and a light suddenly appears, a logical inference is that the person who entered the house has turned on a light; the sound of music outside suggests the presence of a stereo system inside; the smell of garlic and oregano may indicate an Italian dinner in the works.
We say such measurement is a search; the dissent says it is not, because an inference is not a search. We rejected such a mechanical interpretation of the Fourth Amendment in Katz, where the eavesdropping device picked up only sound waves that reached the exterior of the phone booth.
A thermal imager cannot "see" an object through thin curtains unless the object is directly pressed up against the curtains. III Although the Court is properly and commendably concerned about the threats to privacy that may flow from advances in the technology available to the law enforcement profession, it has unfortunately failed to heed the tried and true counsel of judicial restraint.
The people in their houses, as well as the police, deserve more precision.United States case: In Kyllo v. United States, Danny Kyllo was the plaintiff and the State of Oregon was the defendant. Verdict Delivered: The United States Supreme Court in Kyllo v. United States ruled that the use of a thermal imaging device to monitor an individual’s home constitutes a Fourth Amendment “search” and may be accomplished.
Full-length feature article on Kyllo v. United States, which was heard by the United States Supreme Court in February Drawn from the full-text version of Preview of United States Supreme Court Cases, an ABA publication that enlists experts to help analyze the issues in every case prior to oral argument.
In the Supreme Court of the United States. No. DANNY LEE KYLLO, PETITIONER v. UNITED STATES OF AMERICA. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT.
BRIEF FOR THE UNITED STATES OPINIONS BELOW. The opinion of the court of appeals (Supp. App. )1 is reported at F.3d Full-length feature article on Kyllo v. United States, which was heard by the United States Supreme Court in February Drawn from the full-text version of Preview of United States Supreme Court Cases, an ABA publication that enlists experts to help analyze the issues in every case prior to oral argument.
Topic areas of articles include criminal procedure, first amendment, fourth amendment. After Kyllo was indicted on a federal drug charge, he unsuccessfully moved to suppress the evidence seized from his home and then entered a conditional guilty plea.
United States, U.S. 27 (),  held in a 5–4 decision that the use of a thermal imaging, or FLIR, device from a public vantage point to monitor the radiation of heat from a person's home was a "search" within the meaning of the Fourth Amendment, and thus required a warrant.Download