kyllo argued february decided june suspicious marijuana grown petitioner kyllo home triplex agents used thermal imaging device scan triplex determine amount heat emanating consistent lamps typically used indoor marijuana growth scan showed kyllo garage roof side wall relatively hot compared rest home substantially warmer neighboring units based part thermal imaging federal magistrate judge issued warrant search kyllo home agents found marijuana growing kyllo indicted federal drug charge unsuccessfully moved suppress evidence seized home entered conditional guilty plea ninth circuit ultimately affirmed upholding thermal imaging ground kyllo shown subjective expectation privacy made attempt conceal heat escaping home even ruled objectively reasonable expectation privacy thermal imager expose intimate details kyllo life amorphous hot spots home exterior held government uses device general public use explore details private home previously unknowable without physical intrusion surveillance fourth amendment search presumptively unreasonable without warrant pp question whether warrantless search home reasonable hence constitutional must answered instances antecedent question whether fourth amendment search occurred simple approved warrantless visual surveillance home see california ciraolo ruling visual observation search see dow chemical assessing search search adapted principle first enunciated katz search occur even object house explicitly protected fourth amendment unless individual manifested subjective expectation privacy searched object society willing recognize expectation reasonable see california ciraolo supra pp may difficult refine katz test instances case search home interior prototypical hence commonly litigated area protected privacy ready criterion roots deep common law minimal expectation privacy exists acknowledged reasonable withdraw protection minimum expectation permit police technology erode privacy guaranteed fourth amendment thus obtaining technology information regarding home interior otherwise obtained without physical intrusion constitutionally protected area silverman constitutes search least technology question general public use assures preservation degree privacy government existed fourth amendment adopted pp based criterion information obtained thermal imager case product search rejects government argument thermal imaging must upheld detected heat radiating home external surface mechanical interpretation fourth amendment rejected katz eavesdropping device question picked sound waves reached exterior phone booth attached reversing approach leave homeowner mercy advancing technology including imaging technology discern human activity home also rejected government contention thermal imaging constitutional detect intimate details approach wrong principle sanctity home details intimate details see karo dow chemical supra distinguished also impractical application failing provide workable accommodation law enforcement needs fourth amendment interests see oliver pp since imaging case unlawful search remain district determine whether without evidence provided search warrant supported probable cause whether basis supporting admission evidence pp reversed remanded scalia delivered opinion souter thomas ginsburg breyer joined stevens filed dissenting opinion rehnquist kennedy joined danny lee kyllo petitioner writ certiorari appeals ninth circuit june justice scalia delivered opinion case presents question whether use device aimed private home public street detect relative amounts heat within home constitutes search within meaning fourth amendment agent william elliott department interior came suspect marijuana grown home belonging petitioner danny kyllo part triplex rhododendron drive florence oregon indoor marijuana growth typically requires lamps order determine whether amount heat emanating petitioner home consistent use lamps january agent elliott dan haas used agema thermovision thermal imager scan triplex thermal imagers detect infrared radiation virtually objects emit visible naked eye imager converts radiation images based relative warmth black cool white hot shades gray connote relative differences respect operates somewhat like video camera showing heat images scan kyllo home took minutes performed passenger seat agent elliott vehicle across street front house also street back house scan showed roof garage side wall petitioner home relatively hot compared rest home substantially warmer neighboring homes triplex agent elliott concluded petitioner using halide lights grow marijuana house indeed based tips informants utility bills thermal imaging federal magistrate judge issued warrant authorizing search petitioner home agents found indoor growing operation involving plants petitioner indicted one count manufacturing marijuana violation unsuccessfully moved suppress evidence seized home entered conditional guilty plea appeals ninth circuit remanded case evidentiary hearing regarding intrusiveness thermal imaging remand district found agema device emits rays beams shows crude visual image heat radiated outside house show people activity within walls structure device used penetrate walls windows reveal conversations human activities intimate details home observed supp app pet cert based findings district upheld validity warrant relied part upon thermal imaging reaffirmed denial motion suppress divided appeals initially reversed opinion withdrawn panel change composition affirmed judge noonan dissenting held petitioner shown subjective expectation privacy made attempt conceal heat escaping home even objectively reasonable expectation privacy imager expose intimate details kyllo life amorphous hot spots roof exterior wall granted certiorari ii fourth amendment provides right people secure persons houses papers effects unreasonable searches seizures shall violated core fourth amendment stands right man retreat home free unreasonable governmental intrusion silverman exceptions question whether warrantless search home reasonable hence constitutional must answered see illinois rodriguez payton new york hand antecedent question whether fourth amendment search occurred simple precedent permissibility ordinary visual surveillance home used clear well century fourth amendment jurisprudence tied trespass see goldman olmstead cf silverman supra technical trespass necessary fourth amendment violation suffices actual intrusion constitutionally protected area visual surveillance unquestionably lawful eye laws england guilty trespass boyd quoting entick carrington tr eng since decoupled violation person fourth amendment rights trespassory violation property see rakas illinois lawfulness warrantless visual surveillance home still preserved observed california ciraolo fourth amendment protection home never extended require law enforcement officers shield eyes passing home public thoroughfares one might think new validating rationale examining portion house plain public view search despite absence trespass unreasonable one fourth amendment see minnesota carter breyer concurring judgment fact held visual observation search perhaps order preserve somewhat intact doctrine warrantless searches presumptively unconstitutional see dow chemical assessing search search applied somewhat reverse principle first enunciated katz katz involved eavesdropping means electronic listening device placed outside telephone booth location within catalog persons houses papers effects fourth amendment protects unreasonable searches held fourth amendment nonetheless protected katz warrantless eavesdropping justifiably relied upon privacy telephone booth justice harlan concurrence described fourth amendment search occurs government violates subjective expectation privacy society recognizes reasonable see subsequently applied principle hold fourth amendment search occur even explicitly protected location house concerned unless individual manifested subjective expectation privacy object challenged search society willing recognize expectation reasonable ciraolo supra applied test holding search police use pen register phone company determine numbers dialed private home smith maryland applied test two different occasions holding aerial surveillance private homes surrounding areas constitute search ciraolo supra florida riley present case involves officers public street engaged surveillance home previously reserved judgment much technological enhancement ordinary perception vantage point much upheld enhanced aerial photography industrial complex dow chemical noted found important area immediately adjacent private home privacy expectations heightened emphasis original iii foolish contend degree privacy secured citizens fourth amendment entirely unaffected advance technology example cases discussed make clear technology enabling human flight exposed public view hence said official observation uncovered portions house curtilage private see ciraolo supra question confront today limits upon power technology shrink realm guaranteed privacy katz test whether individual expectation privacy society prepared recognize reasonable often criticized circular hence subjective unpredictable see lafave search seizure pp ed posner uncertain protection privacy rev carter supra scalia concurring see rakas supra may difficult refine katz search areas telephone booths automobiles even curtilage uncovered portions residences issue case search interior homes prototypical hence commonly litigated area protected privacy ready criterion roots deep common law minimal expectation privacy exists acknowledged reasonable withdraw protection minimum expectation permit police technology erode privacy guaranteed fourth amendment think obtaining technology information regarding interior home otherwise obtained without physical intrusion constitutionally protected area silverman constitutes search least technology question general public use assures preservation degree privacy government existed fourth amendment adopted basis criterion information obtained thermal imager case product government maintains however thermal imaging must upheld detected heat radiating external surface house brief dissent makes leading point see post contending fundamental difference calls observations surveillance thermal imager captures heat emanating house also powerful directional microphone picks sound emanating satellite capable scanning many miles away pick visible light emanating house rejected mechanical interpretation fourth amendment katz eavesdropping device picked sound waves reached exterior phone booth reversing approach leave homeowner mercy advancing technology including imaging technology discern human activity home technology used present case relatively crude rule adopt must take account sophisticated systems already use dissent reliance distinction observation entirely incompatible dissent belief discuss observations intimate details home impermissible sophisticated thermal imaging devices continue measure heat rather dissent disapproval sophisticated devices see post acknowledgement substance distinction dissent extraordinary assertion anything learned inference search see post validate even technologies dissent purports disapprove surely dissent believe radar ultrasound technology produces kodak glossy needs analysis making inferences course novel proposition inference insulates search blatantly contrary karo police inferred activation beeper certain ether home police activity held search search held government also contends thermal imaging constitutional detect private activities occurring private areas brief points dow chemical observed enhanced aerial photography reveal intimate details thing detected physical search went beyond officers lawfully present observe plain view registration number phonograph turntable intimate details details home detail warm even relatively warm kyllo heating limiting prohibition thermal imaging intimate details wrong principle impractical application failing provide workable accommodation needs law enforcement interests protected fourth amendment oliver begin necessary connection sophistication surveillance equipment intimacy details observes means one say police assured use relatively crude equipment issue always lawful agema thermovision might disclose example hour night lady house takes daily sauna bath detail many consider intimate much sophisticated system might detect nothing intimate fact someone left closet light words develop rule approving surveillance identifies objects smaller inches develop jurisprudence specifying home activities intimate even ever jurisprudence fully developed police officer able know advance whether surveillance picks intimate details thus unable know advance whether constitutional dissent proposed standard whether technology offers functional equivalent actual presence area searched post seem quite similar first blush dissent concludes katz case inexplicably asserts listening device revealed volume conversation surveillance permissible post yet without technology police discern volume without actually present phone booth justice stevens conclude search occurred cf karo supra stevens concurring part dissenting part find little comfort notion invasion privacy occurs listener obtains significant information use device bathtub less private area plumber present even back turned hold interior heat home person present home discern heat thus driving force dissent despite recitation standard appears distinction among different types information whether homeowner even care anybody noticed post dissent offers practical guidance application standard reasons already discussed believe none people houses well police deserve said fourth amendment draws firm line entrance house payton line think must firm also bright requires clear specification methods surveillance require warrant certainly possible conclude videotape thermal imaging occurred case significant compromise homeowner privacy occurred must take long view original meaning fourth amendment forward fourth amendment construed light deemed unreasonable search seizure adopted manner conserve public interests well interests rights individual citizens carroll government uses device general public use explore details home previously unknowable without physical intrusion surveillance search presumptively unreasonable without warrant since hold thermovision imaging unlawful search remain district determine whether without evidence provided search warrant issued case supported probable cause whether basis supporting admission evidence search pursuant warrant produced judgment appeals reversed case remanded proceedings consistent opinion ordered danny lee kyllo petitioner writ certiorari appeals ninth circuit june justice stevens chief justice justice justice kennedy join dissenting judgment distinction constitutional magnitude surveillance gives observer listener direct access information private area one hand thought processes used draw inferences information public domain hand crafted rule purports deal direct observations inside home case us merely involves indirect deductions surveillance observations exterior home observations made fairly primitive thermal imager gathered data exposed outside petitioner home invade constitutionally protected interest moreover believe supposedly rule created response concerns future technological developments unnecessary unwise inconsistent fourth amendment need craft new rule decide case controlled established principles fourth amendment jurisprudence one core principles course searches seizures inside home without warrant presumptively unreasonable payton new york emphasis added equally well settled searches seizures property plain view presumptively reasonable see whether property residential commercial basic principle person knowingly exposes public even home office subject fourth amendment protection california ciraolo quoting katz see florida riley california greenwood dow chemical air pollution variance bd western alfalfa principle implicated take long view decides case based largely potential technology might allow surveillance ante see ante case involves nothing surveillance law enforcement officers gather information exposed general public outside petitioner home infrared camera case passively measure heat emitted exterior surfaces petitioner home measurements showed relative differences emission levels vaguely indicating areas roof outside walls warmer others still images infrared scans show see appendix infra details regarding interior petitioner home revealed unlike scan possible techniques detection infrared radiation emanating home accomplish unauthorized physical penetration premises silverman obtain information obtained observation outside curtilage house karo indeed ordinary use senses might enable neighbor passerby notice heat emanating building particularly vented case additionally member public might notice one part house warmer another part nearby building example rainwater evaporates snow melts different rates across surfaces use senses convert unreasonable search instead adjoining neighbor allowed officer onto property verify perceptions sensitive thermometer view observation become unreasonable search made distance aid device merely discloses exterior one house one area house much warmer another nothing occurred case thus notion heat emissions outside dwelling private matter implicating protections fourth amendment text guarantees right people secure houses unreasonable searches seizures emphasis added unprecedented also quite difficult take seriously heat waves like aromas generated kitchen laboratory opium den enter public domain leave building subjective expectation remain private implausible also surely one society prepared recognize reasonable katz harlan concurring sure homeowner reasonable expectation privacy concerning takes place within home fourth amendment protection physical invasions home apply functional equivalent equipment case penetrate walls petitioner home pick details home exposed public ante obtain information regarding interior home ante emphasis added words based thermal imager showed regarding outside petitioner home officers concluded petitioner engaging illegal activity inside home ante quite absurd characterize thought processes searches regardless whether inferred rightly petitioner growing marijuana house wrongly lady house taking daily sauna bath ante either case conclusions officers reached concerning interior home least indirect might inferred contents discarded garbage see california greenwood pen register data see smith maryland case subpoenaed utility records see first time history assumes inference amount fourth amendment violation see ante notwithstanding implications today decision strong public interest avoiding constitutional litigation monitoring emissions homes inferences drawn monitoring police reasonably expected avert eyes evidence criminal activity observed member public greenwood public officials avert senses equipment detecting emissions public domain excessive heat traces smoke suspicious odors odorless gases airborne particulates radioactive emissions identify hazards community judgment monitoring emissions technology ante drawing useful conclusions monitoring entirely reasonable public service hand countervailing privacy interest best trivial homes generally insulated keep heat rather prevent detection heat going seem society suffer rule requiring rare homeowner intends engage uncommon activities produce extraordinary amounts heat wishes conceal production outsiders make sure surrounding area well insulated cf jacobsen concept interest privacy society prepared recognize reasonable nature critically different mere expectation however well justified certain facts come attention authorities interest concealing heat escaping one house pales significance chief evil wording fourth amendment directed physical entry home dist eastern dist hard believe interest framers sought protect constitution since involved case nothing drawing inferences surveillance rather surveillance officers conduct amount search perfectly ii instead trying answer question whether use thermal imager case even arguably unreasonable fashioned rule intended provide essential guidance day sophisticated systems gain ability see walls opaque barriers ante newly minted rule encompasses obtaining technology information regarding interior home otherwise obtained without physical intrusion constitutionally protected area least technology question general public use ante internal quotation marks omitted judgment new rule broad narrow justified explanation adoption suggested erect constitutional impediment use technology unless provides user functional equivalent actual presence area searched despite attempt draw line firm also bright ante contours new rule uncertain protection apparently dissipates soon relevant technology general public use ante yet much use general public use even hinted opinion makes somewhat doubtful assumption thermal imager used case satisfy event putting aside lack clarity criterion somewhat perverse seems likely threat privacy grow rather recede use intrusive equipment becomes readily available clear however category technology covered new rule ante far broad example embrace potential mechanical substitutes dogs trained react sniff narcotics place held dog sniff discloses presence absence narcotics constitute search within meaning fourth amendment must follow equipment identifies nothing illegal activity search either nevertheless use device unconstitutional rule use new devices might detect odor deadly bacteria chemicals making new type high explosive even devices like dog sniffs limited manner obtain information content information reveal ibid nothing sort information obtained using devices public place monitor emissions house use objectionable use thermal imager case application new rule information regarding interior home ante also unnecessarily broad takes sensitive equipment detect odor identifies criminal conduct nothing else fact odor emanates interior home provide constitutional protection see supra criterion moreover sweeping information regarding interior home apparently information obtained walls also information concerning outside building lead however many inferences regarding might inside expansive view suppose officer using infrared camera observe man silently entering side door house night carrying pizza might conclude interior occupied someone likes pizza officer guilty conducting unconstitutional search home new rule applies information regarding interior home narrow well broad clearly rule designed protect individuals overly intrusive use equipment limited home equipment provide user functional equivalent access private place example telephone booth involved katz office building rule apply area well home see katz fourth amendment protects people places final requirement new rule information otherwise obtained without physical intrusion constitutionally protected area ante internal quotation marks omitted also extends far applies noted effectively treats mental process analyzing data obtained external sources equivalent physical intrusion home see supra explained however process drawing inferences data public domain characterized search two reasons advanced justifications adoption new rule unpersuasive first suggests rule compelled holding katz case surveillance consisted nothing monitoring waves emanating private area public domain see ante yet critical differences cases katz electronic listening device attached outside phone booth allowed officers pick content conversation inside booth making functional equivalent intruders gathered information otherwise available someone inside private area case thermal imager presented view activity inside petitioner home contrast thermal imager disclosed relative amounts heat radiating house katz listening device disclosed relative volume sound leaving booth presumably discernible public surely significant difference general expectation strangers direct access contents private communications one hand rather theoretical expectation occasional homeowner even care anybody noticed relative amounts heat emanating walls house pure hyperbole suggest refusing extend holding katz case leave homeowner mercy technology discern human activity home ante second argues permissibility surveillance depend distinction observing intimate details lady house taking daily sauna bath noticing nonintimate rug vestibule floor objects smaller inches ante entire argument assumes course thermal imager case perform surveillance identify detail previously unknowable without physical intrusion ante fact device see supra see appendix infra enable user identify either lady house rug vestibule floor anything else inside house whether smaller larger inches indeed vague thermal images petitioner home reproduced appendix submitted district part expert report raising question whether device even take accurate consistent infrared images outside house defendant exhibit even device reliably show extraordinary differences amounts heat leaving home drawing inference something suspicious occurring inside residence conclusion officers far less gifted sherlock holmes readily draw qualify surveillance much less fourth amendment violation iii although properly commendably concerned threats privacy may flow advances technology available law enforcement profession unfortunately failed heed tried true counsel judicial restraint instead concentrating rather mundane issue actually presented case endeavored craft rule future far wiser give legislators unimpeded opportunity grapple emerging issues rather shackle prematurely devised constitutional constraints respectfully dissent appendix images text reproduced defendant exhibit top left infrared image video frame videotape submitted evidence case thermogram indicates suspect house appeared gain contrast default setting outline house visible camera used thermovision top right infrared image subsequent videoframe taken videotape gain contrast settings increased order make walls roof structure appear hotter actually graphic image omitted see printed opinion bottom left infrared image opposite side suspects house thermogram also taken videotape camera settings default mode outline house barely visible hot electrical transformer street light identifiable bottom right image gain contrast increased change camera settings cause object appear hotter actually arrow indicates overloading area immediately around hot object case electrical transformer streetlight overloading image inherent design flaw camera footnotes fourth amendment adopted search meant look purpose finding something explore examine inspection search house book search wood thief webster american dictionary english language reprint ed dissent repeated assertion thermal imaging obtain information regarding interior home post opinion stevens simply inaccurate thermal imager reveals relative heat various rooms home dissent may find information particularly private important see post basis saying information regarding interior home dissent comparison thermal imaging various circumstances outside observers might able perceive without technology heat home example observing snowmelt roof post quite irrelevant fact equivalent information sometimes obtained means make lawful use means violate fourth amendment police might example learn many people particular house setting surveillance make breaking entering find information lawful event night january outside observer discerned relative heat kyllo home without thermal imaging ability see walls opaque barriers clear scientifically feasible goal law enforcement research development national law enforcement corrections technology center program within department justice features internet website projects include surveillance system handheld ultrasound wall surveillance radar flashlight enable law officers detect individuals interior building walls visited may devices may emit low levels radiation travel others sophisticated thermal imaging devices entirely passive dissent puts dissent asserts post misunderstood point inference insulates search inference alone search misunderstood point effort render point germane case hand issue case police allegedly unlawful inferencing allegedly unlawful measurement emanations house say measurement search dissent says inference search took mean since technologically enhanced emanations basis inferences anything inside house known use emanations search dissent certainly knows better intends means inference search certainly agree bearing however upon whether measurement emanations house search government cites statement california ciraolo noting apparent agreement state california aerial surveillance house curtilage become modern revealed intimate associations objects activities otherwise imperceptible police fellow citizens quoting brief state california think focus dictum upon intimacy upon precisely principle vindicate today dissent argues injected potential uncertainty constitutional analysis noting whether technology general public use may factor see post quarrel however us precedent see ciraolo supra age private commercial flight public airways routine unreasonable respondent expect marijuana plants constitutionally protected observed naked eye altitude feet given quite confidently say thermal imaging routine decline case reexamine factor footnotes evidentiary hearing district found use thermal imaging device intrusion kyllo home intimate details home observed intrusion upon privacy individuals within home device used penetrate walls windows reveal conversations human activities device recorded heat emitted home supp app pet cert thus example found consistent fourth amendment even absent warrant search seizure garbage left collection outside curtilage home california greenwood aerial surveillance backyard altitude feet california ciraolo aerial observation partially exposed interior residential greenhouse feet florida riley aerial photography industrial complex several thousand feet dow chemical observation smoke emanating chimney stacks air pollution variance bd western alfalfa although credits us novel proposition inference insulates search ante point simply inference search contrary reasoning see supra thus use karo refute point make underscores fact real answer either logic law point make course karo provide support view inferences amount unconstitutional searches illegality case monitoring beeper private residence obtain information obtained observation outside rather thought processes flowed monitoring view comports courts appeals resolved issue see robinson upholding warrantless use thermal imager myers ishmael pinson see cusumano warrantless use thermal imager violated fourth amendment vacated decided grounds en banc record describes device numbers close thousand manufactured units predecessor numbering neighborhood units competes similar product numbering units readily available public commercial personal law enforcement purposes away rented half dozen national companies anyone wants one app since virtue new rule issue one first impression perhaps order evidentiary hearing determine whether facts suffice establish general public use use latter device constitutional given smith maryland upheld use pen registers record numbers dialed phone unlike listening device employed katz pen registers acquire contents communications