kyllo v united states

kyllo v united states - suppress the evidence obtained from...

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Upasana Sonik Kyllo v. United States. 533 U.S. 27 (2001). Facts: Federal agent William Elliott, from the Department of the Interior used a thermal imaging device outside of Danny Lee Kyllo's home. According to the District Court that the device could not “penetrate walls or windows to reveal conversations or human activities. The device recorded only heat being emitted from the home.” The device showed that there was an unusual amount of heat radiating from the roof and side walls of the garage compared with the rest of his house. This information was subsequently used to obtain a search warrant, where federal agents discovered over 100 marijuana plants growing in Kyllo's home. Kyllo was charged with growing marijuana in his Oregon home. Kyllo first tried to
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Unformatted text preview: suppress the evidence obtained from the thermal imaging search, but then pleaded guilty. 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. Kyllo petitioned a writ of certiorari to the Supreme Court. Issue: 1. Whether the use of a thermal-imaging device aimed at a home constitutes a search within the meaning of the Fourth Amendment. Holding: 1. Where, as here, the Government uses a device that is not in general public use, to explore details of a private home that would previously have been unknowable without physical intrusion, the surveillance is a Fourth Amendment “search.”...
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  • Winter '08
  • Genova
  • Supreme Court of the United States, Fourth Amendment to the United States Constitution, Kyllo, United States Court of Appeals for the Ninth Circuit, Danny Lee Kyllo

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