Tgace
Grandmaster
- Joined
- Jul 31, 2003
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In association with this point, heres a question for you guys. If I as a LEO were to use a pair of binoculars to look into your window and see you doing something illegal, would you say thats a 4th amendment violation? How about a thermal imager? A parabolic microphone? Where do you draw the "plain view" line?modarnis said:The threshold question for the discussion should be do you have a right to privacy for the electronic trail you leave while surfing in a public domain? Much of the recent 4th amendment case law makes a distinction between your house and elsewhere. A good analogy is warrantless measuring of heat exces from houses that might be engaged in marijuana growing operations. Since the police activity doesn't involve any real physical intrusion, coupled with readily available technology to measure the heat, the courts take a different approach. 4th amendment protections are not absolute.