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U.S. v. KYLLO

No. 96-30333.

190 F.3d 1041 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Danny Lee KYLLO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Opinion Decided April 7, 1998.

Petition for Rehearing with Suggestion for Rehearing Decided May 20, 1998.

Petition for Rehearing Granted January 12, 1999.

Opinion Withdrawn July 29, 1999.

Decided September 9, 1999.

Attorney(s) appearing for the Case

Kenneth Lerner, Lerner & Meyer, Portland, Oregon, for the defendant-appellant.

Kristine Olson, United States Attorney, and Robert R. Thomson, Assistant United States Attorney, Medford, Oregon; Demetra Lambros, U.S. Department of Justice, Washington, D.C., for the plaintiff-appellee.

David K. Allen, Portland, Oregon, for amicus American Liberties Union Foundation of Oregon, Inc.

Before: BRUNETTI, NOONAN, and HAWKINS, Circuit Judges.

Petition for Rehearing with Suggestion for Rehearing En Banc Decided May 20, 1998.

Petition for Panel Rehearing Granted January 12, 1999.

Opinion by Judge HAWKINS; Dissent by Judge NOONAN.

MICHAEL DALY HAWKINS, Circuit Judge:

As a matter of first impression in this circuit, Danny Lee Kyllo ("Kyllo") challenges the warrantless use of a thermal imaging device as a violation of the Fourth Amendment. Kyllo also challenges reliance on a portion...

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