To: oceanview
The Supreme Court ruled that using infrared scanners to look for evidence of crimes without a warrant was unconstitutional. Scalia wrote the majority opinion..
"We think that obtaining by sense-enhancing technology any information regarding the interior of the home that could not otherwise have been obtained without physical "intrusion into a constitutionally protected area",(Silverman, 365 U.S., at 512), constitutes a search-at least where (as here) the technology in question is not in general public use."
88 posted on
12/23/2005 1:26:52 PM PST by
Sols
To: Sols
sounds like the patriot act needs updating then - clearly they cannot obtain "geiger counter warrants" to conduct this activity across the nation - the only way to be proactive about it, is to detect the device in advance.
To: Sols
A geiger counter doesn't obtain information about the interior of a home. It obtains information about the air immediately adjacent to the home. You can't find out what's going on inside merely by checking radiation levels. The only thing you can find out is that there is an abnormally high level of radiation near that location. An infrared scanner is much different in that respect.
To: Sols
"We think that obtaining by sense-enhancing technology any information regarding the interior of the home that could not otherwise have been obtained without physical "intrusion into a constitutionally protected area",(Silverman, 365 U.S., at 512), constitutes a search-at least where (as here) the technology in question is not in general public use."I believe this means that the evidence (and all fruits from that tree) cannot be admissible in court. That's all.
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