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Right or wrong, the problem that the court had in Kyllo was that the infrared scope gave an indication as to what was going on inside the home. The Supreme Cou
by slapshot 11y ago
Right or wrong, the problem that the court had in Kyllo was that the infrared scope gave an indication as to what was going on inside the home. The Supreme Court reasoned that the inside of the home was entitled to more privacy protection than a yard. The fear was that future infrared scopes would give the ability to see individual people moving around, or otherwise invade the privacy of the inside of the house.
This case is more like https://en.wikipedia.org/wiki/California_v._Ciraolo https://en.wikipedia.org/wiki/California_v._Ciraolo , where the police intentionally targeted a suspected marijuana farmer with a flyover (without a warrant). The farmer lost. I can't imagine the court would think that a ranch with cattle is entitled to more privacy protection than a fenced-in backyard growing pot.
To my knowledge, no Supreme Court case has ever said that advanced visual optics can't be used outside the home.
- walshemj 11y agoand would noticing that snow/frost melts quicker on a house used for pot growing would also fall under this?
- rtkwe 11y agoProbably, it's just noticing something visible through a normal camera from outside the house and doesn't use any thing like thermal cameras that have been ruled to cross the line. It's a really thin thing to hang a warrant on but it doesn't get immediately through out through a prior ruling.