Pp. Pp.

NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. 530 U.S. 1305 (2000). Surely the dissent does not believe that the through-the-wall radar or ultrasound technology produces an 8-by-10 Kodak glossy that needs no analysis (i.e., the making of inferences).

As we observed in California v. Ciraolo, 476 U.S. 207, 213 (1986), “[t]he Fourth Amendment protection of the home has never been extended to require law enforcement officers to shield their eyes when passing by a home on public thoroughfares.”.

October 4th, 1994, Precedential Status: Dorman told me that he was aware that on 12-06-90, Danny Kyllo's wife, Luanne Kyllo, was arrested for delivery and possession of a controlled substance.

In assessing when a search is not a search, the Court has adapted a principle first enunciated in Katz v. United States, 389 U. S. 347, 361: A "search" does not occur--even when its object is a house explicitly protected by the Fourth Amendment--unless the individual manifested a subjective expectation of privacy in the searched object, and society is willing to recognize that expectation as reasonable, see, e.g., California v. Ciraolo, supra, at 211.

5758, 95 Daily Journal D.A.R. We rejected such a mechanical interpretation of the Fourth Amendment in Katz, where the eavesdropping device picked up only sound waves that reached the exterior of the phone booth.

Thus the driving force of the dissent, despite its recitation of the above standard, appears to be a distinction among different types of information--whether the "homeowner would even care if anybody noticed," post, at 10. Reversing that approach would leave the homeowner at the mercy of advancing technology--including imaging technology that could discern all human activity in the home. On these facts, we held that it was not clearly erroneous for the district court to find that the false statements arose from negligence rather than recklessness. That is the principle implicated here.

Since we hold the Thermovision imaging to have been an unlawful search, it will remain for the District Court to determine whether, without the evidence it provided, the search warrant issued in this case was supported by probable cause--and if not, whether there is any other basis for supporting admission of the evidence that the search pursuant to the warrant produced. The district court denied his motion. This case presents the question whether the use of a thermal-imaging device aimed at a private home from a public street to detect relative amounts of heat within the home … But the photographs here are not so revealing of intimate details as to raise constitutional concerns. The ability to “see” through walls and other opaque barriers is a clear, and scientifically feasible, goal of law enforcement research and development. The scan showed that the roof over the garage and a side wall of petitioner's home were relatively hot compared to the rest of the home and substantially warmer than neighboring homes in the triplex. After conducting this hearing, the district court rejected both of Kyllo's theories of suppression and denied the motion. The district court found that Elliott did not act recklessly. United States v. Jacobsen, 466 U. S. 109, 122 (1984) ("The concept of an interest in privacy that society is prepared to recognize as reasonable is, by its very nature, critically different from the mere expectation, however well justified, that certain facts will not come to the attention of the authorities").

As still images from the infrared scans show, see Appendix, infra, no details regarding the interior of petitioner's home were revealed. Before: John T. Noonan and Michael Daly Hawkins, Circuit Judges, and Robert R. Merhige, Jr.,* District Judge.

The affiant's explanation was that he did not know how to read the rap sheet correctly.

The device recorded only the heat being emitted from the home."

2D1.1(b)(2) may be applied as long as the "weapon was present" unless it is "clearly improbable that the weapon was connected with the offense." These were intimate details because they were details of the home, just as was the detail of how warm--or even how relatively warm--Kyllo was heating his residence.5. " Boyd v. United States, 116 U. S. 616, 628 (1886) (quoting Entick v. Carrington, 19 How. Justice Scalia delivered the opinion of the Court.

App. I know no other way to start this one. 1765)). Kyllo requested that this issue be considered in the district court's Franks hearing, but the court refused. It would also be impractical in application, failing to provide a workable accommodation between law enforcement needs and Fourth Amendment interests. Argued and Submitted November 5, 1997--Portland, Oregon. No intimate details of the home were observed, and there was no intrusion upon the privacy of the individuals within the home. From Free Law Project, a 501(c)(3) non-profit. United States v. Dozier, 844 F.2d 701, 705 (9th Cir. This assures preservation of that degree of privacy against government that existed when the Fourth Amendment was adopted. The same should hold for the interior heat of the home if only a person present in the home could discern the heat. Thermal imagers detect infrared radiation, which virtually all objects emit but which is not visible to the naked eye. As I have explained, however, the process of drawing inferences from data in the public domain should not be characterized as a search. This assures preservation of that degree of privacy against government that existed when the Fourth Amendment was adopted. But see Rakas, supra, at 143—144, n. 12. This case presents the question whether the use of a thermal-imaging device aimed at a private home from a public street to detect relative amounts of heat within the home constitutes a “search” within the meaning of the Fourth Amendment.

The Fourth Amendment’s protection of the home has never been tied to measurement of the quality or quantity of information obtained.

In 1991 Agent William Elliott of the United States Department of the Interior came to suspect that marijuana was being grown in the home belonging to petitioner Danny Kyllo, part of a triplex on Rhododendron Drive in Florence, Oregon. Nor did they have a search warrant to enter the premises. The issue in this case is not the police’s allegedly unlawful inferencing, but their allegedly unlawful thermal-imaging measurement of the emanations from a house. 1029, 95 Eng. 1765)).

Visual surveillance was unquestionably lawful because " `the eye cannot by the laws of England be guilty of a trespass.'

Based on these findings, the District Court upheld the validity of the warrant that relied in part upon the thermal imaging, and reaffirmed its denial of the motion to suppress.

Thus, for example, we have found consistent with the Fourth Amendment, even absent a warrant, the search and seizure of garbage left for collection outside the curtilage of a home, California v. Greenwood, 486 U. S. 35 (1988); the aerial surveillance of a fenced-in backyard from an altitude of 1,000 feet, California v. Ciraolo, 476 U. S. 207 (1986); the aerial observation of a partially exposed interior of a residential greenhouse from 400 feet above, Florida v. Riley, 488 U. S. 445 (1989); the aerial photography of an industrial complex from several thousand feet above, Dow Chemical Co. v. United States, 476 U. S. 227 (1986); and the observation of smoke emanating from chimney stacks, Air Pollution Variance Bd. The scan of Kyllo's home took only a few minutes and was performed from the passenger seat of Agent Elliott's vehicle across the street from the front of the house and also from the street in back of the house. Based on tips from informants, utility bills, and the thermal imaging, a Federal Magistrate Judge issued a warrant authorizing a search of petitioner's home, and the agents found an indoor growing operation involving more than 100 plants. He based his claim of overconsumption on a spreadsheet that lists average monthly electricity bills for single family homes as a function of residence size. 5. The fact that equivalent information could sometimes be obtained by other means does not make lawful the use of means that violate the Fourth Amendment.

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