The Fourth Amendment
Freedom From Unfair Searches and Seizures
Freedom from Unfair Searches and Seizures
Kyllo v. United States
A Department of the Interior agent, had a suspicion that Danny Kyllo was growing marijuana in his home,and used a thermal-imaging device to scan his triplex. The imaging was to be used to figure out if the amount of heat coming from the home was consistent with the high-intensity lamps typically used for indoor marijuana growth. After, the imaging revealed that certain hot areas existed, compared to the rest of the home. Based on informants, utility bills, and the thermal imaging, a federal magistrate judge issued a warrant to search Kyllo's home. The search revealed that he was growing marijuana. After Kyllo was acused on a federal drug charge, he unsuccessfully moved to hide the evidence seized from his home and then entered a conditional guilty plea. Ultimately declaring, the Court of appeals held that Kyllo had shown no subjective expectation of privacy because he had made no attempt to conceal the heat escaping from his home, and even if he had, there was no objectively reasonable expectation of privacy because the imager "did not expose any intimate details of Kyllo's life," only "amorphous 'hot spots' on the roof and exterior wall."
Bill of Rights Scenario
Citation Bill of Rights 4th Amendment
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Galiano, Dean. Fourth Amendment : Unreasonable Search and Seizure. New York: Rosen Central, 2011. Ebook.