Following is the case brief for Kyllo v. United States, U. They discovered that Kyllo was, in fact, growing marijuana in his home. Kyllo moved to suppress the evidence seized from his home before his trial.
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PDF version Syllabus NOTE: Where it is feasible, a syllabus headnote will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader.
See United States v. After Kyllo was indicted on a federal drug charge, he unsuccessfully moved to suppress the evidence seized from his home and then entered a conditional guilty plea.
The Ninth Circuit ultimately affirmed, upholding the thermal imaging on the ground that Kyllo had shown no subjective expectation of privacy because he had made no attempt to conceal the heat escaping from his home. This Court has approved warrantless visual surveillance of a home, see California v. Ciraolo, U. United States, U.
In assessing when a search is not a search, the Court has adapted a principle first enunciated in Katz v. Ciraolo, supra, at To withdraw protection of this minimum expectation would be to permit police technology to erode the privacy guaranteed by the Fourth Amendment.
This assures preservation of that degree of privacy against government that existed when the Fourth Amendment was adopted. Such a mechanical interpretation of the Fourth Amendment was rejected in Katz, where the eavesdropping device in question picked up only sound waves that reached the exterior of the phone booth to which it was attached.
See e. Karo, U. It would also be impractical in application, failing to provide a workable accommodation between law enforcement needs and Fourth Amendment interests. See Oliver v. Scalia, J. Stevens, J.
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The device recorded only heat being emitted from the home. The assumption is that to grow marijuana indoors, one needs to provide a large amount of light in order for the plants to photosynthesize. Kyllo was charged with growing marijuana in his Oregon home. Kyllo first tried to suppress the evidence obtained from the thermal imaging search, but then he pleaded a conditional guilty. Kyllo appealed to the United States Court of Appeals for the Ninth Circuit on the grounds that observations with a thermal-imaging device constituted a search under the Fourth Amendment. After issuing and withdrawing multiple opinions, on September 9, , the Ninth Circuit upheld admission of the evidence, in an opinion by Judge Michael Daly Hawkins joined by Melvin T.
Kyllo v. United States, 533 U.S. 27 (2001)
After Kyllo was indicted on a federal drug charge, he unsuccessfully moved to suppress the evidence seized from his home and then entered a conditional guilty plea. The Ninth Circuit ultimately affirmed, upholding the thermal imaging on the ground that Kyllo had shown no subjective expectation of privacy because he had made no attempt to conceal the heat escaping from his home. Held: Where, as here, the Government uses a device that is not in general public use, to explore details of a private home that would previously have been unknowable without physical intrusion, the surveillance is a Fourth Amendment "search," and is presumptively unreasonable without a warrant. This Court has approved warrantless visual surveillance of a home, see California v. Ciraolo, U.
Kyllo v. United States
Print The Background of Kyllo v. The case of Kyllo v. United States revolves around a situation where the Department of the Interior used a thermal imaging device outside of the private residence of Danny Kyllo. The device, upon use, showed that there was an unusual amount of heat radiating from the side walls and roof of the garage. Danny Kyllo was charged with growing marijuana in his Oregon residence.