COM. v. GINDLESPERGER


743 A.2d 898 (1999)

COMMONWEALTH of Pennsylvania, Appellant, v. Gregory GINDLESPERGER, Appellee.

Supreme Court of Pennsylvania.

Decided December 22, 1999.


Attorney(s) appearing for the Case

Garrett A. Taylor, Assistant District Attorney, Erie, for appellant.

Elliot J. Segel, Erie, for appellee.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.


OPINION

ZAPPALA Justice.

This appeal presents the first impression question of whether law enforcement agents' use of an infrared thermal imaging device to scan a private residence without obtaining a search warrant constitutes an unlawful search in violation of the Fourth Amendment to the United States Constitution. The Superior Court held that such use does constitute an unlawful search for purposes of the Fourth Amendment. We now affirm.

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