cannabisnews.com: Supreme Court Hears Marijuana Case Supreme Court Hears Marijuana Case Posted by FoM on February 20, 2001 at 06:00:48 PT By Katherine Pfleger, Associated Press Writer Source: Star-Tribune An Oregon man says narcotics agents invaded his privacy and trampled on his Fourth Amendment rights when they used a device to detect excessive heat coming from his house -- without a search warrant. The " thermal imager, " a camera-like device that depicts infrared radiation, gave law enforcement officials a piece of evidence that led to a search warrant for Danny Lee Kyllo's home in Florence, Ore. Inside, agents found drug paraphernalia and more than 100 marijuana plants, and arrested him. Kyllo has appealed his case to the Supreme Court, which on Tuesday was considering whether law enforcement officials violated a constitutional ban on unreasonable searches when they used the heat-sensing device. The nine-year-old case pits technology against personal privacy. " Technology that exploits invisible, sub-sensory phenomena ultimately fails to respect the traditional boundaries of society, and therefore leaves the population defenseless against such surveillance, " Kyllo's attorney Kenneth Lerner wrote in court papers. Lerner said the government downplays the fact that an experienced operator of the device can glean a wealth of information from the thermal imaging scans, including " fairly precise" images through some glass windows. The government argues that law enforcement officials were within constitutional limitations when they utilized the scan, which sensed heat patterns emanating from Kyllo's home indicative of lights used to grow marijuana. They used the images -- along with a tip from an informant and electricity records -- to obtain a search warrant. In court papers, government attorneys compared the thermal imaging scan to an officer observing someone' s home. They argued that the scan does not penetrate the house and reveal private activities, and is not a constitutional violation. The " government investigator stationed in a public place used a thermal imager to observe an area exposed to the public -- the roof and exterior walls of a house -- and did not observe private activities, " they wrote. In 1991, a narcotics task force was investigating whether Kyllo's neighbors were growing marijuana at a triplex house. But when officers used a thermal imager on Kyllo's residence, they found unusual amounts of heat coming from his home' s side wall and garage roof. After obtaining a warrant and searching the house in January 1992, Kyllo was arrested. He faces only a month in jail for producing marijuana if the Supreme Court rules against him. But the decision could lead to important new guidelines on how law enforcement officials use technology while conducting searches. In the past, the high court has allowed law enforcement agencies -- without warrants -- to fly over a person's property or use a flashlight to illuminate a person's car. However, the justices have required warrants when officials put microphones inside a person' s home or listening devices on public telephones, among other surveillance methods. A district court judge in Portland originally ruled against Kyllo, who pleaded guilty on the condition that he could appeal the legality of the search. After an initial ruling in his favor, the 9th U.S. Circuit Court of Appeals later upheld the use of the thermal imaging device, saying its use did not constitute an illegal search. The case is Kyllo v. U.S., 99-8508. On the Net: For the Supreme Court Web site: http://www.supremecourtus.gov Source: Associated PressAuthor: Katherine Pfleger, Associated Press WriterPublished: Tuesday, February 20, 2001 Copyright: 2001 Associated PressRelated Articles: Justices To Consider Constitutionality of Imaginghttp://cannabisnews.com/news/thread8719.shtmlTechnology Redraws Privacy Lines http://cannabisnews.com/news/thread8702.shtml Home Comment Email Register Recent Comments Help Comment #11 posted by nguyen on July 02, 2001 at 13:58:24 PT need help with infrared Well,I would like to ask's anyone about cops and infrared. I have about 4 1000w light and wanted to know,if anyone know's any ways that I can get away from the cops in the air with their infrared. What can I do to my room or house, can I put something in side the walls of my house or roof, so the cop in the air would'nt see the heat?(e-mail me nguyen999420&aol.com) [ Post Comment ] Comment #10 posted by FoM on February 20, 2001 at 20:35:56 PT Thank You Greenfox You answered all the questions I had. [ Post Comment ] Comment #9 posted by cy aaron on February 20, 2001 at 13:42:02 PT: ashamed I am absolutely ashamed to be an American. "The Land of the Free" no longer applies here. We are far from free. We are being spied on constantly. What gives a "government" the right to declare a natural earth product such as marijuana illegal? Who are these people? Where is our say? This small minority of American people are telling the rest of us how to live our lives. How free is that? Why am I a criminal for smoking a minute amount of marijuana at the end of a long, hard, stressful day? What ever happen to the pursuit of happiness? Isn't that protected in the constitution? Marijuana mellows me out and generally makes me feel better, even after the "drug" has worn off. But Big Brother will not allow people to indulge in such activities. There is no freedom here, and sometimes it makes me want to cry. [ Post Comment ] Comment #8 posted by dddd on February 20, 2001 at 08:19:51 PT Thermal Imager Depot 12 grand is kinda steep.Thermal Imager Depot has Chinese units for about half that......heck,I'll make one for you for you for about 2 grand,,,while the helicopter hovers,,you simply lower the thermometer unit down on the roof of the suspects house,and reel it in after 5 minutes or so.Thermal imaging is kinda like making EVERYONE a suspect......come to think of it,I guess we are already considered suspects now days.dddd [ Post Comment ] Comment #7 posted by lowkeyweeder on February 20, 2001 at 08:08:07 PT: Law Technology progresses and law enforcement continues to infringe on our rights necessitating responsible laws and government. Is NorML lobbying hard enough? [ Post Comment ] Comment #6 posted by greenfox on February 20, 2001 at 07:44:38 PT Answering FOM's questions I want to know how much a thermal imaging machine costs.The base price for thermal imaging devices is about $12,000.00 dollars (US). They go up from there. I also want to know if any one in politics has invested in the technology.The FBI, CIA, NSA, state, and some local agencies all have this technology. It is justified by "saving people in fires" or "finding lost children in the woods". When money is approperiated for this technology, RARELY do they say "It's going to be used to bust dopers". Who pays for these devices and why are they allowed?You do, silly! :) We all do. Taxpayer's money, (and also forfieture money). It's allowed under the guise of "saving someone in a fire," etc al.Who profits?THEY profit, of course. (you know about them). Our very freedom is at stake with this being used. Don't they get it? What happened to our right to privacy and not being hassled in your own home? How are we free?Not to sound crass :P but we AREN'T free. That's the whole point, and that's also why I commented on it. I rarely comment unless something really P's me OFF. Oh yeah, this technology is ESPECIALLY dangerous if you are growing, make NO mistake...sly in green, foxy in kind-gf [ Post Comment ] Comment #5 posted by FoM on February 20, 2001 at 07:32:09 PT Question I want to know how much a thermal imaging machine costs. I also want to know if any one in politics has invested in the technology. Who pays for these devices and why are they allowed? Who profits? Our very freedom is at stake with this being used. Don't they get it? What happened to our right to privacy and not being hassled in your own home? How are we free? [ Post Comment ] Comment #4 posted by dddd on February 20, 2001 at 07:24:23 PT Will they?,,or Wont they?? I find that I can handle potentially disturbing supreme court decisions such as this quite easily now days.It's because I am now numb to the shock of previous decisions.....Think about it.....If they decide that it is just fine for cops to thermal image bust people,would it be that surprising to anyone? Can you imagine the public outcry?,,,,I can. I think it would be like any other recent public outcrys,,public outcry is no longer a factor.Public outcry in the recent election fiasco had almost no effect whatsoever.The news just makes such major astonishing violations of the Constitution appear as an event;,,,,as if it was something that happened.............I hope no one out there believes the news would support any "public outcrys",,,the days of real news are over.The internet is the last frontier of free press.....dddd [ Post Comment ] Comment #3 posted by FoM on February 20, 2001 at 06:52:25 PT Hope This Helps! Hi Greenfox, Just like you did on the last post. Just copy the url from the address bar and post it in the comment section and it should work! [ Post Comment ] Comment #2 posted by greenfox on February 20, 2001 at 06:30:34 PT Screwed it up! Can someone tell me how to post links? Well I'll plain text this one:http://www.ci.nederland.tx.us/THERMAL%20IMAGING%20CAMERA.html [ Post Comment ] Comment #1 posted by greenfox on February 20, 2001 at 06:29:57 PT Thermal Imaging This is a very important case, actually. We should ALL keep our eyes on this one. If this is ruled in favor of Uncle Sam, then we have got some serious problems. There are plenty of sites on thermal imaging, and let me tell you: it's very precise. With these little twelve thousand dollar toys, a LEO can view the "heat outlines" of a couple having sex. That's right- Uncle Sam can see you f*cking! :) Isn't life grand? Well I won't babble without facts to back me, so here's a link:Thermal">http://www.ci.nederland.tx.us/THERMAL%20IMAGING%20CAMERA.html">Thermal Imaging CameraOh and, by the way, this little toy is also purchased under the "guise" of fighting fires, (as this page shows you). However, take the time to scroll down and see what a thermal imager can REALLY see. Give me your comments, folks! I want to know what YOU think. sly in green, foxy in kind-gf [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: