Essay about Kyllo Danny vs. The United States

1169 Words5 Pages
Kyllo Danny vs. The United States

Appealed From: 9th Circuit Court of Appeals (190 F.3d 1041)

Oral Argument: 2000 term (after Jan. 1, 2001)

The main subject in the Kyllo case deals with the advance in modern technology and how it relates to constitutional law. The overall question in this case is whether or not the use of thermal imaging technology should be used as a tool for searching the home of a person. The argument by the appellant, Mr. Kyllo, uses the unreasonable search and seizure clause of the Fourth Amendment as a defense against the use of thermal imaging systems without a warrant to search for illegal drug production inside his home. Kyllo v. U.S. is currently pending before the United States Supreme
…show more content…
If marijuana is to be grown inside it must have some source of intense ultraviolet light to aid it. Haas did indeed locate a high heat source in Kyllo’s home with the Agema 210 and noted that Kyllo’s home “showed much warmer” than the other two houses in the triplex (Find Law). This indicated the presence of lights used to grow marijuana. This information was forwarded to William Elliot, an agent of the United States Bureau of Land Management. Elliot had already subpoenaed Kyllo’s utility records as Kyllo was already under investigation for the production of marijuana. With the information gathered by the use of the Agema 210, Elliot “inferred” that the high levels of heat emission indicated the presence of high intensity lights used to grow marijuana indoors (Find Law). Elliot presented this information to a judge and was issued a search warrant. In searching Kyllo’s home the Bureau of Land Management found more than one hundred marijuana plants, weapons and drug paraphernalia. Kyllo was then indicted for manufacturing marijuana and filed a motion to suppress the evidence on the grounds that it was obtained illegally in accordance with the 4th Amendment. The district court denied Kyllo’s motion to suppress and he entered into a conditional guilty plea. Kyllo was sentenced to prison for 63 months. Kyllo appealed the denial of the suppression of motion, challenging the warrantless scan of his

More about Essay about Kyllo Danny vs. The United States

Get Access