Natalie Cornacchia Cornacchia 1
American Government Honors
15 December 2013
Over time, technology has impacted the police and other law enforcement agencies with new devices for gathering evidence. These new tools have caused constitutional questions to surface. One particular case in Oregon of an individual (DLK) aroused such question. DLK was suspected of growing marijuana inside of his home. Agents used a thermal imager to scan DLK’s residence form the outside. The results indicated heat, just like the kind that is generated by special lights used for growing marijuana indoors. Constructed by the scan, a judge issued a search warrant. A warrant – a legal paper authorizing a search – cannot be issued unless there is a cause, and a probable cause must be sworn to by the police officer or prosecutor and approved by a judge. A warrant must describe what is being searched and what will be seized. 100 marijuana plants were found finalizing the arrest of DLK; however, did the scan violate DLK’s Fourth Amendment rights? The Fourth Amendment states, “The right of people to be secure in their persons, houses, papers, and effects, against unreasonab...