Is a Thermal Imaging search needful of a warrant?

Jim Choate ravage at einstein.ssz.com
Tue Feb 20 13:29:30 PST 2001



On Tue, 20 Feb 2001, Sunder wrote:

> > 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?

Well that depends on the sort of bird and where your property is.
 
> > 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.

Yeah, a clear invasion of privacy without probably cause to 'unlock' or
remove those blinds.

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

The term 'reasonable expectation' does not appear in the Constitution and
most certainly doesn't appear in the 4th. Read the 10th for a better
description of what that means.

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