Court
Reverses
Self:
No
Warrant
Needed
for
Thermal
Imaging
9/17/99
The 9th Circuit Court of Appeals reversed itself last week (9/10) by deciding that police need not obtain a warrant before turning thermal imaging technology on private homes. The new ruling delighted law enforcement, which uses the technology to look for indoor marijuana-grow operations or drug labs by detecting excess heat coming from within a residence. The original ruling, in August, 1998, said that the technology was intrusive enough to necessitate a warrant. Even as the government's motion for re-hearing was pending, however, one of the three panel judges retired, and the new judge, Melvin Brunetti, joined Judge Michael Hawkins, the lone dissenter in the first opinion, to overturn. Judge John Noonan, dissenting to the new ruling, likened the use of thermal imaging to a high-powered telescope looking into a home, an activity which would require a warrant. But Judge Michael Hawkins, who wrote the new majority opinion said that the technology "intrude(s) into nothing." Military analyst Joseph Miranda, however, told The Week Online that the technology is more invasive than the majority opinion lets on. "Thermal imaging technology involves infrared detectors which basically allow people to see through walls. It can determine changes in heat levels within a house. While the police might be using this technology to find marijuana grow lights, they can also determine which rooms have people in them and even what you are doing in your bedroom. In fact, the technology is getting to the stage that with the help of computer-enhancement, authorities could use the technology to get a pretty accurate picture of very personal activities."
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