'Thermal Imaging\r'

'The character complicated a Mr. Smith whos class was rummy of growing marihuana. The jurisprudence employ thermic technology to s toilet Mr. smiths ho theatrical role where they entrap broad(prenominal) amounts of heat. The police whence got a look for guaranty and found marijuana growing in his house. Smith was past arrested and entered a conditional guilty plea. out proper the high court had to make a decision that would ch totallyenge even the sterling(prenominal) attorney and preciselyice to ever mistreat into the Supreme tap. The reference started off with the lawyer for Smith making his case for Smith.\r\nThe lawyer stated that that the caloric vision on Smiths house was indeed a wait and that this look for was unecessary. His house and privacy were saved by the 4th amendment of the United States. The technology was not used properly and un make-upally viewed contents on the inside of Smiths stand without a warrant. The thermic imaging devices should wee-wee not been able to view just his complex and if he was singled out then everyone should be pendent to the same caloric imaging of their homes.\r\nIn his final pedagogys Smiths lawyer said that caloric imaging is infact a look to and that the thermal imaging had no probably wear and he should go slack for this violation of his 4th amendment. The abutting speaker was the lawyer representing the United States. The lawyer for the United States said that the thermal imaging device brought about a likely cause in the triplex and that he was previously suspected for having marijuana so they had to do it for public safety. He too pointed out that a warrant was comebackd for the search of his house.\r\nThe United States lawyer ended his statement stating that Smith is a criminal and thermal imaging was used in the case of seeming cause. The next speaker was the headcounter General of the United States. The general was in favor of Smith. He stated that thermal imaging is a search. The thermal imager had no probable cause and that using this high tech device that no typical person can afford should be used without a warrant. The General entire with assureing that Smith should go free for this because he was illegally searched.\r\nThe fourth amendment of the constitution guards against unreasonable search and seizures when the search companionship has â€Å"reasonable first moment of privacy”. The amendment specifically requires search warrants be judicially ratified and supported by probable cause. It was follow as a response to the pace of search warrants in the American Revolution. The fence of the definition of search has been challenged in some cases in the history of the United States and is brought up again in this case.\r\nThe Supreme tap patternd that a search occurs provided when a person expects privacy in the thing search and society beliefves that expectation is reasonable. This was decided in Katz v. United States in 1967. In Katz the Court ruled that a search had occurred when the g overnance wiretapped a skirt booth. Now seizure is the other parting of the 4th amendment. A Seizure of propert occurs when on that point is guessingful interference by the authorities with an privates possessory interests. The exclusionary rule also courses nether seizure.\r\nThe exclusionary rule states that voluntary solutions to questions given to officers ar offered into induction in a ciminal prosecution. The government whitethorn not detain and individual even momentarily without reasonable, objective grounds, with some exceptions. The refusal to listen or answers does not answer these grounds. The invasion on peoples privacy is unless minimal and is usually only in speical cases. Some of these exceptions ar at borders and ports of entering into the United States as well as Roadblocks.\r\nAnother big part of this case was the question is a warrant take. A warrant is issued by a calculate an d only then may a officer legally search someones property. Without this warrant it was unconstitutionally searched and therefore is void. Warrants are involve for any search of property. Some exceptions to a warrant are Consent, Plain View, decipherable Fields, Curtilage, Motor Vehicles and Searches nonessential to a observant arrest. Consent is if a part allows a search to happen. Plain view is if something is seeable by the officer he can confiscate it.\r\nOpen Fields such(prenominal) as farm fields, opne water, and woods may be searched without a warrant. Curtilage is the outdoorsy field of study immediately surrounding the home, which is defend by the 4th amendment. Courts assimilate placed that this area is an extension of the house and is subject to privacy. People in automobiles abide decreased privacy because vehicles are not used as homes. Vehicles cannot be randomly halt and searched , there moldiness be probable cause or ciminal activity. With probable cau se officers may search any area inside a car.\r\nHowever, they cannot search rider without probable cause to search them. The Searches incident to a lawful arrest are used to prevent the arrested individual from destorying evidence or using a heavy weapon against the officer. It is reasonalbe for the officer to search the area deep down the arrestees immediate control. A search of lets say the room they were arrested in is acceptable. Now comes the issue of presumable Cause which was brought up many a(prenominal) times in this case. The police must have legally sufficient reasons to intrust that a search is necessary.\r\nAnd during this search they must uncover criminal activity or contraband. The Supreme Court had many cases involving Probable Cause. In Carrol V. United States the Supreme Court stated that probably cause to search is a â€Å"flexible, common-sense standard. ” So the issue of probable cause can be a toss up and cant really be determined directly (Adapted from History appropriate and Wikipedia. com). If I were a justice on the Supreme Court I would rule in favor of Smith. The use of thermal imaging reveals the contents of the inside of his home.\r\nThis violates his right of security and thus violates the 4th amendment. The officers did have probable cause to search his house because of his alleged marijuana growth. But that doesnt mean they could search his house without a warrant. They needed to get judicial consent in front using the thermal imaging to search his house. Plus thermal imaging is not available to everyone so they could not use it without consent. Our class found Smith innocent. The police unlawfully searched his house with the use of thermal imaging.\r\nEven though we came to this verdict it could have easily gone the other way. It all is based on your view of the Constitution. Unless you are one of the people who wrote the Bill of Rights I guess we can never sincerely yours understand the constitution fully and it is be with the countless cases brought to the Supreme Court over the years. I think instead of us trying to understand the constitution in our own ways, we should study the founding fathers into enlightenment and learn the true meanings of their words and the reasons for why they created this great rules.\r\nEven with the addition of smart technologies and advanced software we need to reside to look back at our grow which created this great nation. If we do not do this our nation will likely fall due to our own negligence and smack of superiority over everyone in the world. We need to learn from our mistakes and build a more than simpler life as they had back in the 1700s. Only then will we rattling understand The Constitution and the reasons for why we have made it this far as a nation.\r\n'