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Article: Prewarrant thermal imaging as a Fourth Amendment violation: a Supreme Court question in the making.
- Article from:
- Albany Law Review
- Article date:
- June 22, 1997
- Author:
CopyrightCOPYRIGHT 1997 Albany Law School. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. INTRODUCTION
Over the last few years, a new issue in criminal procedure has begun taking shape. The issue involves the legality of using a "thermal imaging device" that can measure the heat emanating from a private residence. The device is used by police to detect heat generated by indoor marijuana growing operations. The majority of courts have ruled that the warrantless use of a thermal imager does not raise Fourth Amendment concerns.(1) Relatively few courts have ruled that the use of these devices without a warrant violates the Fourth Amendment protections against unreasonable searches.(2) Eventually, the Supreme Court will have no choice but to ...