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KYLLO v. UNITED STATES

No. 99-8508.

533 U.S. 27 (2001)

KYLLO v. UNITED STATES

United States Supreme Court.

Decided June 11, 2001.

Attorney(s) appearing for the Case

Kenneth Lerner, by appointment of the Court, 531 U.S. 955, argued the cause and filed briefs for petitioner.

Deputy Solicitor General Dreeben argued the cause for the United States. With him on the brief were former Solicitor General Waxman, Assistant Attorney General Robinson, Irving L. Gornstein, and Deborah Watson.*

Scalia, J., delivered the opinion of the Court, in which Souter, Thomas, Ginsburg, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, in which Rehnquist, C. J., and O'Connor and Kennedy, JJ., joined, p. 41.

Justice Scalia, delivered the opinion of the Court.

This case presents the question whether the use of a thermal-imaging device aimed at a private home from a public street to detect relative amounts of heat within the home constitutes a "search" within the meaning of the Fourth Amendment.

I

In 1991 Agent William Elliott of the United States Department of the Interior came to suspect that marijuana was being grown in the home belonging to petitioner...

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