Background
Who was suspicious of Kyllo growing Marijuana?
Agents
What did the court end up ruling (Constitutional or Unconstitutional)?
Unconstitutional
Who delivered the verdict?
Justice Antonin Scalia
How many justices ruled the search Constitutional?
4
What device was used to see if marijuana was being grown in the house?
Thermal imaging device
True of False: Agents had reasonable suspicion that Kyllo was growing Marijuana
True
How many justices ruled it unconstitutional vs Constitutional? (Give ratio)
5:4
How many justices were included in the majority opinion?
5
Why did the justices rule the search Constitutional?
Because the imager gathered data outside the home and did not invade any constitutionally protected interest in privacy, thus it was public
What was the core issue?
If the use of a thermal imaging device was unconstitutional
What would have made it okay for the agents to search Kyllo's house?
They had a warrant
When did the justices discuss this case in court?
February 20, 2001
What did the 5 justices rule? (Majority)
they ruled that the use of thermal imaging unconstitutional
What makes a search Constitutional?
If it should be expected and there is reasonable suspicion
What does a thermal imaging device do?
It detects relative amounts of heat
True or False: The agents did not get any tips from people and the electricity company refused to reveal private information to the agents
False
What date did the justices reach a verdict?
June 11, 2001
Why did the justices rule the search unconstitutional?
Because the details of the home would be unknowable without the device
This justice delivered the dissenting opinion
John Paul Stevens
What is a constitutional search vs an unconstitutional search?
Constitutional- search is legal and no privacy was invaded
Unconstitutional- Search is illegal and privacy was invaded
List the function of the thermal imaging device used by the agents (What it can do and what it cannot do)
The heat lamps can only detect heat sources and cannot penetrate walls or detect of collect any personal information
What were the justices supposed to be deciding on?
If the search of Kyllo's house with the use of a thermal imaging device was Constitutional or not
List the 5 justices that ruled the search Unconstitutional
Scalia, Souter, Thomas, Ginsbury and Breyer
List the 4 justices that ruled the search Constitutional
Rehnquist, Stevens, O'Connor and Kennedy
From where did the cops gather suspicion?
Their car