Court: |
US Supreme Court |
|
Facts: |
In order to get probable cause for a warrant, an officer
uses thermal imaging gear to scrutinize Kyllo's home,
looking for leakage from high-intensity lights. Sure
enough. Gets the warrant, and a veritable forest of
marijuana. |
|
Posture: |
Reversals and affirmations, oh my. |
|
Issue: |
Was there a search here? |
|
Holding: |
Yes. |
|
Rule: |
If a generally recognized reasonable expectation of privacy
(like being able to see through walls) is violated, there
was a search. |
|
Reasoning: |
The home is especially protected. Aerial surveillance isn't
a search. Obtaining information about what's inside the
home, however, using sense-enhancing technology, is one.
Especially if the technology isn't available to the general
public. All details of what is in the home are intimate. |
|
Dicta: |
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