But aren't the two rulings inconsistent? I.e., don't you release a heat signature into public air, just as you do a scent? If so, why is a sniff okay but a thermal image not okay?
"But aren't the two rulings inconsistent? I.e., don't you release a heat signature into public air, just as you do a scent? If so, why is a sniff okay but a thermal image not okay?"
I think the difference is that the thermal imaging cases involved looking into homes and courts have ruled that people have a greater expectation of privacy in their homes than in their vehicles. Also, these thermal imaging devices can actually see the thermal images of people in the homes, doing whatever people might be doing in their homes that they might not want others watching them do. It is a greater invasion of privacy.