Law enforcement officers received a reliable tip that an individual was growing illegal drugs in their home. Without obtaining a search warrant, officers used a thermal imaging device from the street to detect heat patterns coming from inside the home, which they believed confirmed the presence of a grow operation. Based on the thermal imaging results, the officers obtained a search warrant and discovered illegal drugs. The individual moved to suppress the evidence on the grounds that the thermal imaging constituted an unlawful search. Which of the following is the BEST assessment of whether the motion to suppress should be granted?
The evidence should be suppressed because the use of a thermal imaging device without a warrant constitutes an unreasonable search under the Fourth Amendment.
The evidence should be suppressed because the use of thermal imaging to establish probable cause requires the consent of the homeowner.
The evidence should not be suppressed because the officers obtained a search warrant prior to entering the home, satisfying Fourth Amendment requirements.
The evidence should not be suppressed because thermal imaging detects heat patterns outside of the home, which does not intrude on any reasonable expectation of privacy.
The use of a thermal imaging device to conduct surveillance of a home without a warrant violates the Fourth Amendment's protection against unreasonable searches. The Supreme Court has found that using such technology constitutes a search because it intrudes on the privacy of the home, an area afforded the highest constitutional protection. Evidence obtained following such a search may be inadmissible under the exclusionary rule. Other answers are incorrect because they fail to address the specific privacy expectations associated with the use of advanced technology to survey a home without a warrant.
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What is the Fourth Amendment and how does it protect privacy?
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What are the implications of the exclusionary rule?
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What constitutes an unreasonable search under the Fourth Amendment?