Unformatted text preview: Search and Seizure Mini—Q Mini-Q Sample Essay: High Proficiency Search and Seizure: Did the Government Go Too Far? When'is a search not a search? Search and seizure has long been a hot-button issue in America. The Bill of Rights provides important individual guarantees, including the Fourth Amendment’s guarantee of protection from unwarranted search and seizure. But while this is an important right, courts have said that there are exceptions. (DLK) v. United States is one of them. The government did not go too far and violate DLK’s Fourth Amendment rights by not getting a warrant before using a thermal imager on his home. This is because the search was not a violation of his Fourth Amend- ment right per the Carroll case, it was a noninvasive search, and the government should be allowed to use new technology available to it. One reason why the government did not go too far is that the search was not a vioiation of DLK’s Fourth Amendment rights as decided in Carroll v. United States. This decision set an important - precedent (36 E). in that 1925 case, the Supreme Court said that the police did not need a warrant to search someone’s car, because the suspect could move the car, and the evidence, away before the warrant came. Because of that, not all searches require a warrant (Doc A). This precedent-set- ting case said that government can take new technology into account regarding searches. Just like the car in the Carroll case was relatively new technology in 1925, so too was thermal imaging new in 1992. The Court said that Fourth Amendment rights have limits when weighed against the needs of law enforcement (Doc A). A second reason why the government did not go too far is that thermal imaging is a noninvasive method of searching. Doesn't it make sense that the police would have to enter the house to search it? in DLK, they did not enter the house to use thermal imaging. it was clearly done on ithe outside of the house (Docs B, C). The imaging didn’t search the inside of the home or reveal any activities within the home (Doc E). Justice John Paul Stevens said that there was no difference between us- ing thermal imaging and taking a picture of the outside of a home. The imager doesn’t go through the walls of the home, so it is not a search and does not require a warrant (Doc F). The Fourth Amendment protects against unwarranted searches, but this was a noninvasive search, so the pro- tection doesn’t apply. A third reason why the government did not go too far is that the government should be allowed to use new technology available to it. The drug epidemic is a serious problem in the US. Thermal imaging is a useful tool to fight it. it can show that a house has an unusual heat pattern compared to other houses in the neighborhood (Docs B and C). That pattern, gives police cause to suspect that marijuana is being grown there (Doc B). Thermal imaging is an invention the Founders couldn’t have anticipated. Since it can clearly give probable cause for illegal activity, law enforcement should be ailowed to use it. Aithough the Fourth Amendment does afford people a certain expectation of privacy in their homes, there are exceptions. in (DLK) v. United States, the government did not go too far. This is because the search was not a vioiation oi DLK’s Fourth Amendment rights according to precedent set in Carrot], it was a noninvasive search, and the government should be allowed to use new technology available to it. For ail of these reasons, the actions of the police were justified without having obtained a warrant. in this case, the Supreme Court shoutd side with the US. ...
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