The Use of FLIR by the Police
Criminals have used the cover of darkness to conceal their illegal activities since time immemorial. However, technological advancement has allowed police to see in the dark without the use of artificial light.
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FLIR
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Police in the United States use Forward Looking Infrared as a form of night vision. This technology allows police to use heat as a means of seeing in the dark. All objects that have a temperature above absolute zero give off infrared radiation. FLIR technology detects this radiation and translates it into an image. This image consists of various shades of gray that correspond to the level of heat being emitted from a given object.
Constitutionality
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FLIR is frequently used at border crossings to detect smugglers and illegal immigrants. However, the use of FLIR is a source of controversy in many state courts. Some regard the use of FLIR without a warrant as a violation of the Fourth Amendment (freedom from unreasonable searches and seizures). In Katz v. United States, it was ruled that the use of FLIR on buildings without a warrant is constitutional because the Fourth Amendment "protects people not places." Further legal support for FLIR was established in United States v. Penny-Feeney when the majority opinion ruled that the use of a FLIR device was not a search because the device only detects wasted heat, to which the defendant did not have a reasonable expectation of privacy.
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Usage
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Police prefer the use of FLIR over a searchlight because criminals typically flee when their activities are illuminated. The success of FLIR in law enforcement has motivated the United States military to begin purchasing this new technology and funding its development.
United States v Penny-Feeney
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Hawaiian law enforcement, acting on an anonymous tip, flew a FLIR-capable helicopter over the Penny-Feeney residence without a warrant. The police detected excess heat coming from the garage, but not adjacent structures. This information indicated that the garage was being used for the cultivation of marijuana plants and was used as the basis for a warrant to search the Penny-Feeney household. The constitutionality of this act was challenged in court and determined to be in accordance with the Fourth Amendment.
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References
- Photo Credit thermal hand image by Adrian Hillman from Fotolia.com
