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One of the exeptions to the "gotta get a warrant" rule in US constitutional law is the "plain view" exception--if the cops see a marijuana plant through your fr
by sethg 17y ago
One of the exeptions to the "gotta get a warrant" rule in US constitutional law is the "plain view" exception--if the cops see a marijuana plant through your front window, they don't need a warrant to go busting in and seizing it. So if the FCC's monitoring equipment indicates that radio transmissions powerful enough to require a license are coming out of your house, would the transmitter count as being in "plain view"?
- abefortas 17y agoCertainly not. You use eyes to view.
- sethg 17y agoYou may be right... Some of the pages I found from Googling claimed that the "plain view" exemption also applies to hearing, smell, etc., but I'm having trouble finding an actual citation. The closest thing I can find is Kyllo v. US, where the Supremes said that you need a warrant to use thermal imaging to look for the heat of marijuana-growing lamps, even if you never step onto the suspect's property to use the imager.