Kyllo v. United States

2001

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: