The warrant was issued properly and although the anonymous letter alone is not sufficient to establish probable cause, it is when coupled with the detective’s affidavit corroborating parts of the letter predicting the defendants future steps. Scalia created a “firm but also bright” line drawn by the Fourth Amendment at the “‘entrance to the house’” [http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=533&page=27 40] . A federal agent from the Department of the Interior used a thermal imaging device outside of Danny Lee Kyllo's home. Kyllo was charged with growing marijuana in his Oregon home. Kyllo first tried to suppress the evidence obtained from the thermal imaging search, but then he pleaded a conditional guilty. The Supreme Court ruled 5-4 that the thermal imaging of Kyllo's home constituted a search. S 329Prior=On writ of certiorari to the United States Court of Appeals for the Ninth CircuitSubsequent=Holding=Thermal imaging of a home constitutes a Fourth Amendment "search" and may be done only with a warrant.SCOTUS=1994-2005Majority=ScaliaJoinMajority=Souter, Thomas, Ginsburg, BreyerDissent=StevensJoinDissent=Rehnquist, O'Connor, KennedyLawsApplied=U.S. http://caselaw.findlaw.com/us-supreme-court/462/213.html. Scalia created a "firm but also bright" line drawn by the Fourth Amendment at the "'entrance to the house. dissenting.[2]. Kyllo appealed to the Ninth Circuit Court on the grounds that observations with a thermal-imaging device constituted a search under the Fourth Amendment. At the Court of Appeals, the conviction was upheld. (December 2019) (Learn how and when to remove this template message), This section needs additional citations for verification. (adsbygoogle = window.adsbygoogle || []).push({}); https://supreme.justia.com/cases/federal/us/462/213/case.html, http://caselaw.findlaw.com/us-supreme-court/462/213.html. He explained, "Heat waves, like aromas that are generated in a kitchen, or in a laboratory or opium den, enter the public domain if and when they leave a building. amend. As the crimes change, so have the techniques used to catch the criminals. This […] The trial court found for the defendants and the state appealed. '"[3] This line is meant to protect the home from all types of warrantless surveillance and is an interpretation of what he called "the long view" of the Fourth Amendment. Since the public could gather this information, the dissenting minority believed, there is no need for a warrant and the use of this technique is not unconstitutional. He argued that this could be done by simply feeling that some areas in or around the house are warmer than others or observing that snow was melting more quickly on certain sections of the house. The defendants challenged the search, claiming it was unlawful and the trial court judge ordered suppression of all the evidence. 4431; 2001 U.S. LEXIS 4487; 2001 Cal. The Court reversed the state supreme court’s judgment. Jeopardizing the accuracy of probable cause determinations result. Kyllo appealed to the United States Court of Appeals for the Ninth Circuit on the grounds that observations with a thermal-imaging device constituted a search under the Fourth Amendment. Oregon was the first U.S. state to decriminalize the possession of small… …   Wikipedia, Privacy — For other uses, see Privacy (disambiguation). In response to an anonymous letter detailing the Gates’ illegal drug business, police conducted their own investigation. The dissent thought this line was “unnecessary, unwise, and inconsistent with the Fourth Amendment” [http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=533&page=27 41] because according to Scalia’s previous logic, this firm but bright line would be defunct as soon as the surveillance technology used went into general public use, which was still undefined. The decision did not break along the traditional "conservative" and "liberal" wings of the court: the majority opinion was written by Scalia, joined by Souter, Thomas, Ginsburg and Breyer, while Rehnquist, O'Connor, Kennedy and Stevens dissented. He argued that this could be done by simply feeling that some areas in or around the house are warmer than others or observing that snow was melting more quickly on certain sections of the house.

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