Criminal Procedure

Sense-Enhancing Technology

Sense-enhancing technology constitutes a search under the Fourth Amendment if the technology is not generally available to the public and it reveals information that one would reasonably expect to be private.

Thermal Imaging

According to Kyllo v. United States, taking a picture of the infrared light being emitted from someone's home is considered a search under the Fourth Amendment because it can reveal the heat being generated in various rooms of the house, which can reveal details about the interior of the home, which has the greatest expectation of privacy, and because when Kyllo v. United States was decided, infrared cameras were much more expensive than they are today.