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STATE v. MC KEE

No. 92-3017-CR.

181 Wis.2d 354 (1993)

510 N.W.2d 807

STATE of Wisconsin, Plaintiff-Respondent, v. Michael A. MC KEE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 23, 1993.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of David L. Grace of Schmidt, Thibodeau & Grace of Wisconsin Rapids.

For the plaintiff-respondent the cause was submitted on the brief of James E. Doyle, attorney general, and Michael R. Klos, assistant attorney general.

Before Eich, C.J., Gartzke, P.J., and Dykman, J.

EICH, C.J.

Michael Mc Kee appeals from a judgment convicting him of manufacturing tetrahydrocannabinols (marijuana) in his home.

He raises an issue of first impression: whether the use of an infrared sensing device to detect heat emanating from his residence constitutes a "search" within the meaning of the Fourth Amendment's proscription of unlawful searches and seizures. We conclude that it does not and affirm the conviction.

The facts are not in...

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