Scribd Logo
Upload

Welcome to Scribd!

  • Kyllo Vs US Speech Outline

    Uploaded by

    justinmara
    20 views3 pages
    A federal agent used a thermal imaging device, which can detect heat, on a man's home. Based upon his own speculation that Kyllo was growing and cultivating cannabis plants indoors, a search of his house was granted. The majority court ruled that the use of the device, which was also not yet available to the public masses, allowed agents to detect information that would've not been discovered otherwise. The search warrant that was granted by the Federal Magistrate at the time was deemed unreasonable in

    Original Description:

    Original Title

    Kyllo vs US Speech Outline

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    RTF, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    A federal agent used a thermal imaging device, which can detect heat, on a man's home. Based upon his own speculation that Kyllo was growing and cultivating cannabis plants indoors, a search of his house was granted. The majority court ruled that the use of the device, which was also not yet available to the public masses, allowed agents to detect information that would've not been discovered otherwise. The search warrant that was granted by the Federal Magistrate at the time was deemed unreasonable in

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as RTF, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    20 views3 pages

    Kyllo Vs US Speech Outline

    Uploaded by

    justinmara
    A federal agent used a thermal imaging device, which can detect heat, on a man's home. Based upon his own speculation that Kyllo was growing and cultivating cannabis plants indoors, a search of his house was granted. The majority court ruled that the use of the device, which was also not yet available to the public masses, allowed agents to detect information that would've not been discovered otherwise. The search warrant that was granted by the Federal Magistrate at the time was deemed unreasonable in

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as RTF, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 3

    Justin Mara Kyllo v. United States 533 U.S.

    27 (2001) Facts: Argued (first trial) on February 20, 2001 Decided (end trial) on June 11, 2001 Chief Justice: William Rehnquist (opposed) Other Justices: John P. Stevens (opposed/dissent), Sandra Day O'Connor (opposed/dissent), Antonin Scalia (for), Anthony Kennedy (opposed/dissent), David Souter (for), Clarence Thomas (for), Ruth Bader Ginsburg (for), Stephen Breyer (for) A Department of Interior agent (William Elliot) used a thermal imaging device, which has the ability to detect heat, on Danny Lee Kyllo's home based upon his own speculation that Kyllo was growing and cultivating cannabis plants indoors. With the use of this thermal imaging device, the agent was able to find out that there were certain areas within Kyllo's home that were generating more heat than other parts of the house. The areas that were generating more heat pertained to the garage. Using this information, along with intel from an informant and a review of his utility bills, a search of his house was granted. Upon the inspection of his, police found and seized around 100 cannabis plants. This event occurred on January 16, 1992 at 3:20 am. Search enacted on January 27, 1992. Issue: Was the use of the thermal radar unconstitutional? And because of the results of it, did it lead to an unjustified search of Kyllo's home in violation of the Fourth Amendment? Decision of the Court: 5-4 in favor of Danny Lee Kyllo Reasoning of the Court:

    The majority court ruled that the use of device, which was also not yet available to the public masses, allowed agents to detect information that would've not been discovered otherwise, and therefore lead to the unconstitutional search of Kyllo's home. The search warrant that was granted by the Federal Magistrate at the time, although authorized, was deemed unreasonable in court. Dissent: William Rehnquist (opposed), John P. Stevens (opposed/dissent), Sandra Day O'Connor (opposed/dissent), Anthony Kennedy (opposed/dissent) Argued that the use of the thermal imaging device was constitutional because it simply detected heat and didn't invade privacies regarding intimacy etc. Anyone could become aware of the discrepancies of heat in different areas of the triplex by standing near the garage opposed to other places, and observing how snow melted faster near the garage opposed to snow near other areas. What did you learn from this case? I learned that although an individual is committing a crime and it is blatant, if this is discovered within violation of the U.S Constitution, that individual will oddly enough be found innocent if tried in court. I also have been given more proof that, while I am partial to Kyllo but still understanding of the U.S argument, the U.S justice system is flawed. Citations/References: http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_ Constitution http://www.oyez.org/cases/2000-2009/2000/2000_99_8508 http://caselaw.lp.findlaw.com/scripts/getcase.pl? court=US&vol=000&invol=99-8508 http://www.abanet.org/publiced/preview/features/kyllo_us.html http://www.4lawnotes.com/showthread.php?t=1184 http://www.supremecourt.gov/oral_arguments/argument_transcripts/99 -8508.pdf

    Katz v. United States, 389 U.S. 347 (1967) California v. Greenwood, 486 U.S. 35 (1988) United States v. Place, 462 U.S. 696 (1983) United States v. Karo, 468 U.S. 705 (1984) United States v. Knotts, 460 U.S. 276 (1983) California v. Ciraolo, 476 U.S. 207 (1986)

    You might also like