Pubdate: Sun, 17 Jun 2001 Source: Oakland Tribune (CA) Copyright: 2001 MediaNews Group, Inc. and ANG Newspapers Contact: http://www.mapinc.org/media/314 Website: http://www.oaklandtribune.com/ Note: This was originally published in the New York Times PRIVACY PROTECTION 'THE Fourth Amendment draws a firm line at the entrance to the house." So declared the Supreme Court last week in an important 5-4 ruling. The ruling reaffirmed the basic right of privacy that Americans are constitutionally entitled to enjoy in their own homes in an era when high-tech devices make it possible for police to snoop from outside. The case concerns the use of a thermal imaging device by federal officers in Oregon who suspected that marijuana was being cultivated in a private home, using special, intense lighting. The government argued, and four dissenting justices agreed, that no warrant was needed because the infrared scan merely measured "waste heat" emitted from the exterior of the home, and that the images obtained were too murky to reveal "intimate" private information. But Justice Antonin Scalia had no trouble rejecting such flimsy excuses for evading the Fourth Amendment's warrant requirement. The decision serves notice that police need to obtain a warrant before using any device not in general public use to gain details about a person's private home that could not otherwise be discovered without physical intrusion -- a legal approach that might be read to bar warrantless use of the Internet wire technology known as Carnivore, as Rep. Dick Armey noted. In setting a sound legal standard, Scalia and his colleagues have given basic privacy rights important protections against the misuse of high technology. - --- MAP posted-by: Doc-Hawk