Thermal imaging and the fourth amendment:Kyllo v. U.S

The Fourth Amendment protects persons from unreasonable searches and seizures. The extent to which the availability of new technology will impact this protection is an evolving area. One practice, police use of thermal imaging technology, has engendered substantial division in the courts. Recently,...

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Bibliographic Details
Main Author: Hughes, Thomas W. (Author)
Format: Electronic Article
Language:English
Published: 2001
In: American journal of criminal justice
Year: 2001, Volume: 26, Issue: 1, Pages: 43-60
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Keywords:
United States Supreme
Fourth Amendment
District Court
Reasonable Expectation
Thermal Energy
Description
Summary:The Fourth Amendment protects persons from unreasonable searches and seizures. The extent to which the availability of new technology will impact this protection is an evolving area. One practice, police use of thermal imaging technology, has engendered substantial division in the courts. Recently, however, the United States Supreme Court addressed this issue in the case of Kyllo v. U.S. (2001). The Court determined that the pre-warrant use of thermal imaging machinery was a “search” under the Fourth Amendment and, thus, unconstitutional in nature. This paper traces the case development and examines the issues raised therein.
ISSN:1936-1351
DOI:10.1007/BF02886856