

In a moderate blow to law enforcement and the 'war on drugs', the U.S. Supreme Court recently ruled in a 5-4 decision, that the use of thermal imaging devices is considered an unreasonable search and as such overruled a lower court decision. The case involved the conviction of Danny Lee Kyllo, a homeowner in Florence, Oregon and the case number is Kyllo v. U.S., No. 99-8508. Thermal imaging revealed that the roof over the garage and another side wall were hotter than the rest of Kyllo's house. As a result of information from informants and utility bills combined with the thermal imaging data, the investigating agency obtained a search warrant and as such discovered over 100 marijuana plants growing inside. The U.S. Supreme Court decision obviously did not prohibit the use of thermal imaging as it applies to law enforcement, it just creates another step in the process, namely obtaining a search warrant before information gained in the use of thermal imaging technology can be used. Citing Fourth Amendment issues and concerns that homeowners are at the mercy of advancing technology, usually conservative Justice Antonin Scalia sided with the more liberal justices on the court in writing this ruling.