Is a Thermal Imaging search needful of a warrant?

[Sunder]

Jim Choate wrote:
> 
> > 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.

Non endangered generic duck for example.  Assume it's hunting season.  Now
assume it's a radio controlled flying bot with a camera.  Can I shoot it
down if it's flying over my land and I recognize it for the spook gear it
really is?
 
> Yeah, a clear invasion of privacy without probably cause to 'unlock' or
> remove those blinds.

Probable cause != warrant.  Probable cause is needed to obtain one.  Not the
same thing.  Search warrants do not allow cops to remove blinds from windows.
They allow them the ability to search a specific location for specific items
for which they have presented a judge probable cause that they'll find said
items.  It does not allow for open ended surveilance - i.e. a fishing
expedition.

> 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.

Newsflash, neither does the word 'privacy'.  Hence it's not a constitutional
issue, though it should be.  It is however a 4th ammendment issue as it
involves "searches" by government types.

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