RH 101 Notes 10-15-10

RH 101 Notes 10-15-10 - Kyllo v. US: Technology v....

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Kyllo v. US: Technology v. Individual Privacy Based on restrictions on police use of thermal imaging devices 4 th Amendment protects a person from unlawful search and seizure Two prong test to see if it violates: o Do individuals have an actual expectation that their activities will remain private? o Is their subjective expectation of privacy one that society is willing to accept as reasonable? Does not prohibit all searches, just unlawful ones Thermal imaging has been around for years used by the military Police use to locate bodies, track fleeing persons, and detect possible indoor marijuana growing operations Kyllo was suspect in growing marijuana inside of his home His wife was caught with the trafficking and possession of it His home was thermal imaged without an official warrant Kyllo appealed the case and was denied motion. He then appealed to the court of appeals for the ninth circuit Went back to trial court on how a thermal imager works
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RH 101 Notes 10-15-10 - Kyllo v. US: Technology v....

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