Does Cheap Tech Undermine Legal Privacy Protections?

bfwebster writes "Orin Kerr, a George Washington University law professor who focuses on legal issues regarding information technology (I own a copy of his book Computer Crime Law) raises an interesting issue about a 2001 Supreme Court decision (Kyllo v. United States) that prohibited police from using a thermal imaging device on a private home without a warrant. (The police were trying to detect excess heat coming from the roof of a garage, as an indication of lamps being used to grow marijuana inside.) The Court made its decision back in 2001 because thermal imaging devices were 'not in general use' and therefore represented a technology that required a warrant. However, Kerr points out that anyone can now buy such thermal imaging devices for $50 to $150 from Amazon, and that they're advertised as a means of detecting thermal leakage from your home. In light of that, Kerr asks, is the Supreme Court's ruling still sound?"

Comments

Re:I don't think that was the reason for the rulin

[mi]

I thought that it was more about the expectation of privacy that people have inside their own homes and not just the ability to peer inside it.

You thought wrong... If something is "in plain view", then police needs no warrant to follow-up. For an obvious example, if a cop hears a shot inside a house, he needs no warrant to start investigating. Further, if the window/curtains are open and he can see a crime, his observations can (and should!) be used in court.

Similarly, if we the humans were equipped to detect infra-red light, the police wouldn't have had no problem that's described in the write-up. Arguably, the humans are so equipped now — and that's, what the article is about...

For example, 100 years ago we didn't really have electric lights and thus could barely see at night — without street lights. So, to notice something in your yard at night back then, the cops needed a warrant (for they had to drag some serious lightning equipment). Today they'll see it in their cruiser's headlights driving by and it is thus "in plain view".