Law for Business 10th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 7

Law officers suspected Kyllo of drug violations. They scanned his home with a thermal imager and got evidence of unusually high heat. They concluded the heat was a "signature" indication of the use of high-intensity lights used to grow marijuana. On the basis of this and other information, they got a warrant to search his home. In the search they found a marijuana-growing operation, weapons, and drug paraphernalia. Kyllo tried to get the evidence excluded, arguing that the scanning was a search that needed a warrant. Since they didn't have a warrant for scanning, he argued that all evidence from the home search was obtained illegally and should be barred by the exclusionary rule. Is he correct? Explain why or why not.