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Kyllo v United States created a bright line test: new technology used to view "details of a private home that would previously have been unknowable without phys
by pdkl95 8y ago
Kyllo v United States created a bright line test: new technology used to view "details of a private home that would previously have been unknowable without physical intrusion"[1] count as a "search" if and only if the technology is not "in general public use"[2]. Since the general public does not generally use technologies for detecting trace amounts of specific chemicals, this should require a warrant.
Current technologies that are heading towards losing 4th Amendment protection might be IR thermal cameras and trigger-word based audio recording (Alexa et al). The general public is increasingly using both of these technologies. When someone convinces a judge the "general public use" threshold has been crossed, the technology in general (not just a specific product) can be used without a warrant.
[1] http://caselaw.findlaw.com/us-supreme-court/533/27.html http://caselaw.findlaw.com/us-supreme-court/533/27.html
[2] Ibid.
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- nradov 8y agoThere's no physical intrusion or accessing anything on private property with this technology. It's more like law enforcement sifting through a suspect's garbage after he puts it out at the curb, which can be done without a warrant.
- vageli 8y agoThis is not true in every state in the US.
- ataturk 8y agoI turned off the water in my house over a weekend because our water heater was leaking. That caused the "smart" water meter to not function since it powers itself via the moving water supply. On the following Monday, I had a a city employee in my driveway wanting to inspect that meter because it had stopped reporting back to the city. They made up some cock and bull claim that we had used 33,000 gallons, which by my calculations, isn't even possible due to the pipe diameter and pressure--it would take many days to use that much water. Our meter was out for < 24 hrs. So they're meddling under the cover of protecting my property from a broken pipe or whatever their justification was. I guess they can also tell who flushes when, and how often we leave town, simply based on water usage patterns. The city has an ordinance that allows them to gain access in order to inspect their meter. I find this an easy way to circumvent the 4th Amendment, however. If the city employee happens to view anything illegal going on in the house while they are inspecting it, they are going to follow up with the police department. There went all my rights, all due to a "smart" water meter. It's smart all right--Orwellian! The shit going on in China is far worse, but Agenda 21 is worldwide and not to be overlooked. There is a plan for widespread, total control over populations, their property, and every human behavior.