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
- 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