Kyllo v. United States?
i'm doin a project about this and i need to think up 3 questions for both sides of this case. can any1 help me out
here is good info for the case http://en.wikipedia.org/wiki/Kyllo_v._United_State...
- Joe FinkleLv 71 decade agoFavorite Answer
I read Kyllo in Criminal Procedure. That was my last final exam in law school last week. I begin bar review classes on Thursday.
I'm not sure what you mean by questions, like arguments or factual questions that could distinguish scenarios?
Anyway, you could look at the fact that thermal imaging reads infrared light emited from the home into public spaces, arguing that it is like looking in the window from outside and distinguish it from Katz (phone tap on a public pay phone) in that the physical space is not violated.
I think the argument is pretty good that the state of commonly used technology affects a person's reasonable expectation of privacy. (The Katz standard). However, we may not want to tie privacy to that as the information age reaches the point where anyone can invade anyone else's privacy pretty easily.
- joniboniLv 61 decade ago
The big question:
On Kyllo defense
Whether a warrant less search of a home is reasonable?.
Did police erode the privacy guaranteed by the 4th amendment by using the heat sensing technology?
Was the evidence produced by the heat imaging accurate or inaccurate?
Was the fact that the heat registered in the specific areas of the house indicative of heat produced by growing marijuana plants ?
Did the utility bills on the house provide enough information to get a warrant?
Does the thermal imaging equipment used to detect the heat fall under the heading of a sophisticated piece of equipment rather than one normally thought of as an every day item constitute a breach of the fourth amendment?
Another good site