NP turning up the heat in Vineland

Doug Millison millison at online-journalist.com
Tue Sep 26 16:14:07 CDT 2000


Court to consider heat warrant need

WASHINGTON (AP) - The Supreme Court agreed Tuesday to use the case of
a man convicted of growing marijuana to decide whether police need a
search warrant to use a device to detect heat coming from someone's
home. The court said it will hear an Oregon man's argument that the
use of a heat-detecting device without a search warrant violated the
Constitution's Fourth Amendment ban on unreasonable searches. Danny
Lee Kyllo was arrested in January 1992 and charged with growing
marijuana at his home in Florence, Ore. Police said they used a
thermal imaging device and detected an unusual amount of heat coming
from the roof over the garage and from one wall. Officers then got a
warrant and searched his home, finding marijuana plants, growing
equipment and dried marijuana. Kyllo contended the marijuana plants
should not be used as evidence against him, saying the police could
not use the heat-detecting device without a warrant. See
http://www.infobeat.com/stories/cgi/story.cgi?id=2570152233-1ca



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