Pubdate: Mon, 11 Jun 2001 Source: Reuters (Wire) Copyright: 2001 Reuters Limited Details: http://www.mapinc.org/media/364 Author: James Vicini SUPREME COURT RULES THERMAL IMAGING IS A SEARCH WASHINGTON (Reuters) - The U.S. Supreme Court ruled on Monday that thermal imaging to record the amount of heat emanating from a house, a police practice often used to help detect illegal drugs, represented a search covered by constitutional privacy protections. The court's 5-4 ruling was a setback for the U.S. Justice Department , which argued the use of a thermal imager by law enforcement officers to detect the heat emitted from a house was not a search and was not covered by the privacy protections. Justice Antonin Scalia said for the court majority that when the government uses a device not in general public use to explore the details of a private home that would previously been unknowable without physical intrusion, the surveillance is a search and requires a warrant. He said use of the device, aimed at a private home from a public street to detect, constituted a search. To withdraw such a minimum expectation of privacy against unreasonable searches would permit ``police technology to erode the privacy'' guaranteed by the Constitution, Scalia said. Scalia rejected the Justice Department's argument that the thermal imaging was constitutionally allowed because it did not detect ``intimate details.'' The case began with an investigation by William Elliott, an agent of the U.S. Bureau of Land Management , into a possible conspiracy to grow marijuana in Oregon. Suspecting that Danny Kyllo might be involved, the agent examined Kyllo's utility records and found he used an abnormally high amount of electricity - -- which could suggest the use of intensity lights to grow marijuana in his house. Elliott then used a thermal imaging device from a parked car on a public street and found that unusually high levels of heat were coming from the roof of Kyllo's garage and one wall of his house. Kyllo's house emitted more heat than the neighboring houses. Only later did Elliott get a court warrant authorizing a search of the house, where agents discovered an indoor marijuana-growing operation. Kyllo pleaded guilty but moved to suppress the evidence recovered from the search of his residence, arguing that the thermal imaging device constituted an impermissible search. A U.S. appeals court ruled that use of the imager did not constitute a search. Scalia said the appeals court was wrong. He said the information obtained by the thermal imager in this case was the product of a search. Dissenting were Chief Justice William Rehnquist and Justices John Paul Stevens , Sandra Day O'Connor and Anthony Kennedy . - --- MAP posted-by: GD