Kyllo Vs United States Case Study

Kyllo vs. United States, 533 U.S. 27 (2001)

INTRODUCTION: In Kyllo vs. United States, 533 U.S. 27 (2001), the police, believing there to be a marijuana set-up in the defendant’s place of residence, acquired a warrant to ascertain this for certain through use of a thermal-imaging scan. The scan, which was conducted outside the premises and measured heat signatures on the building relative to other residences in the same triplex. This brought the question of unreasonable search and seizure before the Court, but more significantly, the question of where the line should be drawn regarding the use of new advances in technology.

FACTS OF THE CASE: Police, suspecting that the defendant, Kyllo, was growing substantial amounts of marijuana inside his unit of a triplex residence, scanned the units from outside by means of a device that measured heat signatures. This provided information on the amount of heat originating within the residence. The thermal scan revealed that a portion of Kyllo’s roof and wall had higher temperatures relative to other areas of the building, being

As the device could not be used to penetrate walls and listen to conversations or observe conversations or activities, but only revealed hot spots on the outer walls, it was only observing the outside of the residence. Upon appeal, the Ninth Circuit Court of Appeals affirmed this decision, holding that the thermal imaging evidence was acceptable on grounds that there had not been any expectation of privacy. This determination was made because Kyllo had not attempted to hide the release of heat from his residence and even if he had made an effort to conceal the thermal signatures, there would have been no expectation of privacy as it did not render visible any protected details of life within the residence (Justia,