cannabisnews.com: Judge Allows Evidence from Thermal Imaging Device 





Judge Allows Evidence from Thermal Imaging Device 
Posted by FoM on January 31, 2001 at 11:01:24 PT
By Associated Press
Source: Boston.com
Law enforcement investigators who used a thermal imaging device during an investigation into an indoor marijuana-growing operation did not violate anyone's rights, a judge ruled. U.S. District Judge Gene Carter rejected a motion that evidence seized in Turner should be thrown out in ruling that the device did not violate the Fourth Amendment ban on unreasonable searches. 
Kevin Woodward and Gregory Jackson were arrested when investigators raided a rented home in Turner and seized nearly a pound of cocaine, 197 marijuana plants and 36 ounces of marijuana last May. The thermal imaging device was used to detect heat from growing lamps as it emanated from windows. Carter ruled that the defendants had no reasonable expectation of privacy in regards to the heat emanating from the house. The device did not indicate actual movement or activities of those inside, the judge noted ''The interior activities were not visible because the thermal imager used by Agent Milligan does not enable him to see through windows or walls,'' Carter wrote in the ruling this week. Carter contends in his ruling that all the U.S. circuit courts have concluded that the use of thermal imaging devices do not constitute a search under the Fourth Amendment. But the U.S. Supreme Court could have the final say. The court is scheduled next month to hear a similar case involving an Oregon man who was convicted of growing marijuana. Drug agents began their investigation following a tip from an informant last April. They noted that the second floor appeared to be uninhabited, that the windows on that level were covered up and that a canister of carbon dioxide was outside the house. Carbon dioxide is often used for indoor marijuana-growing operations. Agents obtained electricity records for the home and found that usage spiked in two three-month periods, which were deemed consistent with the cycles of an indoor marijuana-growing operation. An agent later used a thermal imaging camera to find that an unusually large amount of heat was coming from the second floor windows. Other homes in the neighborhood did not have similar heat loss. In addition to their argument about the thermal imaging device, Woodward and Jackson also contended that the warrant for the search of the house was based on an agent's false statement. In relation to the spikes in electricity usage, the agent said in an affidavit that the home did not have a swimming pool or other feature that obviously consumed a large amount of power. But the home did in fact have a pool, which could have explained the large amount of electricity used, the defendants argued. Carter ruled that although the warrant application contained a false statement, it was not made deliberately or with reckless disregard to the truth and that there was enough other information to establish probable cause for a search. Complete Title: Federal Judge Allows Evidence from Thermal Imaging DevicePortland, Maine (AP)Source: Associated PressPublished: January 31, 2001Copyright: 2001 Associated PressRelated Articles:High-Tech Law Enforcement Raise Civil Rights Issuehttp://cannabisnews.com/news/thread6043.shtmlInfrared Thermal Imaging Deemed Unconstitutional http://cannabisnews.com/news/4/thread4247.shtmlCourt Limits Use of High-Tech Sensors http://cannabisnews.com/news/thread4088.shtml
Home Comment Email Register Recent Comments Help




Comment #1 posted by jAHn on January 31, 2001 at 12:17:49 PT
What about the Ashcroft Plants?
Ever hear the one about John Ashcroft being a Family Man? He's such a family man that he did not jump into the prosecution of his nephews, 19 & 25 yrs. old, for growing 60 Cannabis plants!?! As if this weren't enough, the two WERE NOT SENTENCED TO A DAY in JAIL!?! Even after they'd agreed to settle for Probation and Random Drug testing, THEN FAILING the Prerequisites, THEY STILL DIDN'T SEE THE CELL!?!Great Job Repubs, you say Drugs are Bad, Until one of your Relatives get them, then the story is.... 
[ Post Comment ]


Post Comment


Name: Optional Password: 
E-Mail: 
Subject: 
Comment: [Please refrain from using profanity in your message]
Link URL: 
Link Title: