Something that we all know for a fact, is that technology is a very powerful and advanced tool. There are thousands of different kinds of technologies and the extraordinary part about it is that they are all geared towards improving the human condition in the 21st century. One of them is called a thermal imager. Thermal imagers allow officers to detect heat signatures that were previously invisible to the naked eye. In other words, they are able to detect heat that is escaping a home. Police officers should have the right to use a thermal imager without a warrant because they are only able to see the exterior of a home, they they are only capable of detecting heat, and do not interfere with your private life because they cannot see you inside of your home.
While it is commonly believed that a warrant should be required when using a thermal imager because it considered invasion of privacy, I disagree. What this argument fails to consider is the fact that thermal imagers only ability is to see and detect heat. In document B. it is said that “since a thermal imager sees heat...it can be a great tool to locate abnormal heat signatures
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[patterns] on and around buildings.” The process is not done inside of the home it is done on the outside. Thermal imagers are not able to see oneself or what one is doing inside of a home.
They are only made to detect heat and nothing else. They don’t interfere with one's private life nor do they bring up concerns that disobey the fourth amendment. In document E. it stated, “Here the thermal imager did not detect private activity in a private place, but instead scanned a surface exposed to public view in order to detect the physical fact of relative heat.“ Document E. also specifically states that “The use of a thermal imager in the DLK vs.United States case was not a fourth amendment search.” An image from document C. showed a home through a thermal scanner. The image revealed nothing but color change between heat and the house; therefore, my point about thermal imagers and what they are able to see has been
proven. Officers should not need a warrant to use a thermal imager, because they only detect heat from the exterior and only see heat escaping the home. For example, if someone held a thermal imager and pointed it at a home and the house through the thermal imager was black, one would see a change in color like white that would represent heat escaping the home. In document F. (DLK vs. the United States)it was stated that “As still images from the infrared scans show, no details from the interior of a home were revealed.” In conclusion, using a thermal imager does not violate any of DLK's personal rights in any way. In fact, no one invaded his home or his privacy at all. A thermal imager is only capable of so many things; one of them being detecting heat that is escaping from the home. Another quality that a thermal imager has, is that you don’t need to physically go inside of a home to use one which proves that invasion of privacy and property has not taken place in this case. Lastly, they are unable to see you or identify the activities that take place in your home. Many people tend to overestimate the abilities of thermal imagers when really there is only one thing that they are meant to do and that is to detect heat. Did you know about thermal imagers before you were told? Did you know what they were capable of?
Said by Justice David Souter “ In the majority opinion, compared the reasonableness of such a search to a more casual interaction.” He believes that the co-occupants consent is not valid because their was the refusal of an other occupant. Beside on the Fourth Amendment it states that “ a valid warrantless entry and search of a premises when the police obtain the voluntary consent of an occupant who shares, or is reasonably believed to share, common authority over the property, and no present co-tenant objects.”
Justice Harlan’s reasonable expectations test in Katz vs. United States (1967) considers whether a person has an “actual (subjective) expectation of privacy” and if so, whether such expectation is one that “society is prepared to recognize as ‘reasonable.’” (Solove and Schwartz 99) If there is no expectation of privacy, there is no search and no seizure (reasonable, or not), and hence no Fourth Amendment issue. Likewise, we must first ascertain whether a search took place. A few questions from a police officer, a frisk, or the taking of blood samples do not constitute a search. (Solove and Schwartz 83; 86) Likewise, the plain view doctrine establishes that objects knowingly exhibited in a public area, in plain view for police to see, do not
The question presented to the court is: Does the 4th Amendment protect against the warrantless use of a thermal imaging device which monitors heat emissions from a person’s private residence? As with any case, before any court, it is important to understand all aspects of a case. For example, the facts, procedural history, issues, holding(s), legal reasoning, sources of law, and values are all relevant to predicting a potential outcome as the U.S. Supreme Court sees it.
When is a search not a search? The Fourth Amendment was made to protect prevent unwanted search and seizure. Were DLK’s rights violated by using a thermal imager without a warrant? The Fourth Amendment protects citizens rights from unlawful search and seizure. In the case of DLK, the supreme court had to decide if the government went to far. The government went to far because the search violated the Fourth Amendment rights by unlawfully obtaining information without a warrant.
Scanning a home using a thermal imager is not a Fourth Amendment search. “The officers’ conduct did not amount to a search and was perfectly reasonable…” (Doc F). The scan was also reasonable, which does not violate the Fourth Amendment. In DLK’s case, nothing was searched, and nothing was seized. “...scanned a surface exposed to public view in order to detect the physical facet of relative heat [escape]” (Doc E). Only the surface was scanned, which everyone in the general public could see. Moreover, the government does not need a warrant to scan the home because using a thermal imager does not oppose the Fourth Amendment. “As such, the imager represented a permissible means for law enforcement to gather information without previously obtaining a warrant” (Doc E). Consequently, the scan does not defy the Fourth Amendment of the
The fourth amendment protects people against unreasonable searches and seizures. The police had evidence that DLK was growing marijuana in his house, so they used a thermal imager and found a significant amount of heat. The police took this evidence to a judge who gave them a warrant to search inside DLK’s house for the marijuana and when they did search his house the police found the plants and arrested DLK. The controversy surrounding this case is whether or not it was constitutional for the police to use the thermal imager of DLK’s house without a search warrant. The government did not need a warrant to use a thermal imager on the outside of DLK’s house because once the heat left DLK’s house it was out in public domain, the thermal imager could not see any details within DLK’s house, and the police already had evidence to expect DLK was growing the marijuana plants in his house.
The Fourth (IV) Amendment of the U.S. Constitution states "the right of the people to be secure in their persons, houses paper, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" (U.S Constitution, Fourth Amendment, Legal Information Institute). The fourth amendment is a delicate subject and there is a fine line between the fourth amendment and 'unreasonable search and seizure. '
It has been a controversial topic for many years since s. 8 of the Charter of Rights and Freedoms was enabled when the Charter came into effect in 1982. When or if a police officer were to come up to you under suspicion that you have something illegal or detrimental in your backpack they are not allowed to search or seize anything without a warrant. There are pros and cons to this topic because under section 7 everyone has the right to life, liberty and security so in a negative light if citizens feel unsafe because a person is suspicious and putting others in danger the police are not allowed to interfere without a warrant to make sure that evidence does not become void in a court case, if it arises to that. In a positive light if someone calls 911 and they are in trouble and the police are able to get a warrant on time to help then it would save lives and make society a more secure environment. There has been various cases where spatial privacy has been abused different ways: telephone, Internet, and etc. At this point many may agree that the law itself (Section 8 of the Canadian Charter of Rights and Freedom) may need to be updated in terms of specifying when it’s needed for a warrant and when it’s not as technology has also been updated since the Constitution was made in 1982. Society’s view may change after cases like R v. Tse, as police can yet invade ones privacy constitutionally or not it may also
Police officers with their body cameras: a history and back ground paper to answer the question if should all police officers wear body cameras, it is important to first look at the history and back ground of the topic. According to article of Journal of quantitative criminology, writers Ariel, Farrar, Sutherland, Body cameras have been given a new eye opener to people about the excessive use of force against their community members. Arial, Farrar, and Sutherland in the article state “The effect of police body warn cameras on use of force and citizens’ complaints against the police: A randomize controlled trial” describe their observation as:
The 4th Amendment only applies when certain criteria are met. The first criterion is that the government must be involved in a search or seizure via government action. This action applies to conduct by government officials such as police, firemen, or an individual hired as a private actor of the government. After the first criterion has been met, the court must determine whether a search or seizure has occurred. A search is defined as the physical or technologic invasion of an area deemed by the majority of the court to have a reasonable expectation of privacy. These places could be homes or a closed telephone booth depending on the circumstances of the incident. A seizure occurs when the government takes one's personal belongings or the individual themselves.
The Fourth Amendment to the Constitution states that people have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts’ decision on this matter I will be relating their decisions in the cases of Oliver v. United States (1984), and California v. Greenwood (1988) which deal directly with the question of whether a person can have reasonable expectations of privacy as provided for in the fourth amendment with regards to objects in an open field or in plain view.
The Constitution of the United States of America protects people’s rights because it limits the power of government against its people. Those rights guaranteed in the Constitution are better known as the Bill of Rights. Within these rights, the Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures […]” (Knetzger & Muraski, 2008). According to the Fourth Amendment, a search warrant must be issued before a search and seizure takes place. However, consent for lawful search is one of the most common exceptions to the search warrant requirement.
There have been lots of modern technologies introduced in the United States of America to assist law enforcement agencies with crime prevention. But the use of body-worn cameras by police personnel brings about many unanswered questions and debate. Rising questions about the use of body cam are from concern citizens and law enforcement personnel. In this present day America, the use body cameras by all law enforcement personnel and agencies are one of the controversial topics being discussed on a daily base. Body worn cameras were adopted due to the alleged police brutality cases: for instance, the case of Michael Brown, an African-American who was shot and killed by a police officer in Ferguson, Missouri, on August 2014, Eric Garner died as
Police officers should be required to wear body cameras because it will build a trust between law enforcement and the community, it will decrease the amount of complaints against police officers, and lastly it will decrease the amount of police abuse of authority. In addition, an officer is also more likely to behave in a more appropriate manner that follows standard operating procedures when encountering a civilian. “A 2013 report by the Department of Justice found that officers and civilians acted in a more positive manner when they were aware that a camera was present” (Griggs, Brandon). Critics claim that the use of body cameras is invasive of the officers and civilians privacy.
Heat energy is transferred through three ways- conduction, convection and radiation. All three are able to transfer heat from one place to another based off of different principles however, are all three are connected by the physics of heat. Let’s start with heat- what exactly is heat? We can understand heat by knowing that “heat is a thermal energy that flows from the warmer areas to the cooler areas, and the thermal energy is the total of all kinetic energies within a given system.” (Soffar, 2015) Now, we can explore the means to which heat is transferred and how each of them occurs. Heat is transferred through conduction at the molecular level and in simple terms, the transfers occurs through physical contact. In conduction, “the substance