Is a Thermal Imaging search needful of a warrant?

[Sunder]

Jim Choate wrote:
> 
> Diffie should stick to cryto, outside of that he's an idiot and doesn't
> know of what he speaks. Hell, all those socialists at Sun seem to be idiot
> savants.

And what should you stick to?
 
> If it was only a thermal imaging device involved it might fly (like a bird
> can cross your property line with impunity). 

And what says that I can't shoot down a bird that flies over my property
provided my property is large enough to prevent me shooting bullets through
the neighbors' windows?

> However, all the thermal
> image device does is frequency shift the radiation to a range that IS
> VISIBLE BY HUMAN EYES. It's still a human being looking at the image and
> making evaluations of it.

Does it?  Yes.  Does it allow the user to see through blinds?  Yes.  Does it
allow the user to see through some kinds of walls? Yes.  Wait, what was that
first word there again?  You know "blinds?"  The word implies something.

Reasonable expectation of privacy in your home.  Seeing through said blinds
violates this.

Is inserting a listening device in your home illegal?  Yes, if you're not
the owner, yes, if you're not a LEO with a warrant.  Is listening to the
vibrations of a metal object inside said house using microwaves?  Yes,
ditto.  Is bouncing a laser off a window? Yes.

Indeed the technology used doesn't matter.  The frequency doesn't matter.
Violating the reasonable expectation of privacy does.  i.e. if you can't
hear it as you're passing by without additional help, if you can't see it
as you're passing the house without additional help, reasonable privacy
applies. 

Some may even argue that if you're outside someone's house and see
something happening inside the house is okay, but videotaping it and
broadcasting/selling it might not be.  YMMV...  - i.e. your neighbors
are doing it infront of the window, and you videotape it.  Selling it
might violate some laws depending on your city/state.

-- 
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