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Essay / Research Paper Abstract
A 3 page paper discussing the reasonableness of a search using thermal imaging. Today’s technology appears to allow searches that are not truly physical searches. The Fourth Amendment to the Constitution prohibits such searches. The purpose here is to determine whether examination with thermal imaging devices constitutes a “search” according to Constitutional law. It uses Kyllo v. United States to conclude it does not. Bibliography lists 5 sources.
Page Count:
3 pages (~225 words per page)
File: CC6_KSlawInfa4thAm.rtf
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Unformatted sample text from the term paper:
The Constitution of the United States is an amazing document, a fact made clearer with each passing year. The Framers have proven to have produced a "living" document that
has remained relevant despite changes in society and technology that they could not have envisioned 200 years ago. The issue of thermal imaging
as applied to the right to privacy is a different matter, however. Todays technology appears to allow searches that are not truly physical searches. The Fourth Amendment to
the Constitution prohibits such searches. The purpose here is to determine whether examination with thermal imaging devices constitutes a "search" according to Constitutional law. Weighing Factors
The Fourth Amendment to the Constitution of the United States reads, The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized. One of the features of the Constitution that has preserved its usefulness is its
lack of narrow definition. It was not until 1967 in Katz v. United States (389 U.S. 347 (1967)) that the Supreme Court arrived at a definition of "search."
A "Fourth Amendment search occurs whenever the government intrudes into an individuals reasonable expectation of privacy" (Colbridge, 2001; p. PG). It was in Katz that Justice Harlan established a
two-prong test. If individuals believe that their activities will remain private and society judges their activities to be acceptable, then government violation "is a search for Fourth Amendment purposes"
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