Kyllo v. United States

AC
by Angel Chagoya-Flores1 view·Updated Dec 13, 2020

Audio TranscriptAuto-generated

  1. Hello, I'm Angel.
  2. And today we're talking about kylo be United States how
  3. the Supreme Court case to be, or how the Supreme
  4. Court case came to be and also the, uh, logic
  5. behind each side.
  6. So first, a little bit of history about how the
  7. case came to be is that Kyler was suspected of
  8. growing marijuana inside his house and because of the federal
  9. agents to do is that if they used thermal imaging
  10. and it matched or that since marijuana requires high levels
  11. of heat in order to be grown inside, if they
  12. used thermal imaging and it matched the the heat levels
  13. did required to know to grow marijuana, then it was
  14. probably it was probable that the weed was going.
  15. I mean, that marijuana was going inside hellos house.
  16. And when they I found, or when they used thermal
  17. imaging, they found heat levels, uh, similar to those that
  18. you need to grow marijuana inside.
  19. And so this was used as they're probably reason, in
  20. order to request a search warrant and be authorized by
  21. a judge were and after this, they search Skylar's house
  22. and arrested him.
  23. And now the constitutional question that or the arises from
  24. this case is that kylo argues that, uh, thermal imaging
  25. account the search which violates the Fourth Amendment rights and
  26. the U S K or the U.
  27. S. U.
  28. S government.
  29. Uh, are you that thermal imaging actually does not count
  30. searching your house so they do not need a warrant
  31. to search it.
  32. And this eventually worked its way up to the Supreme
  33. Court, where the definite side to side with kylo.
  34. And in here, the Supreme Court, I mean, the Fourth
  35. Amendment stage that the right other people to be secure
  36. in their house in the persons, houses, papers and effects
  37. against unreasonable searches and seizures shall not be violated and
  38. no one shall issue, but upon probable cause, supported by
  39. oath or affirmation and particularly describing the place to research
  40. and the prison or things to be ceased.
  41. And along with the force, men were being cited uh,
  42. b U S.
  43. It was also cited, cited in where cats was in
  44. a similar situation for federal agents.
  45. Believe that cuts was you transfer transmitting gambling information and
  46. they found that he used he used a public phone
  47. booth to do that.
  48. So federal agents put a listening device outside of the
  49. public phone booth that cat uses and notice to listen
  50. to him.
  51. And after this, uh, they arrested cards for sharing gambling
  52. information and cut food.
  53. The United States government and said that his Fourth Amendment
  54. rights were actually being violated.
  55. And what this case came to be is that you
  56. cannot send a person, does not expect for them to
  57. be listened to in a public in a public phone
  58. booth that you cannot then listen to them, or that
  59. you cannot listen to them for for surveillance.
  60. Recent because that counts as a search and you need
  61. a search warrant for that which the federal government did
  62. not. And now this was excited because it's a very
  63. similar to Kyle situation in which a person does not
  64. expect thermal imaging to be used on their house or
  65. just anywhere in general unless being stated that they are.
  66. And since since kylo could was not expecting or it
  67. was probably probably that Kyler was not expecting thermal imaging
  68. to be used in his house, this means, uh, cut
  69. Richard. The U.
  70. S. Also applies to him, and since the government did
  71. not have a search warrant for demo imaging.
  72. Didn't they broke the law for the Constitution?
  73. I mean, and the Supreme Court decided or sided with
  74. kylo and justice and this came to be a 5
  75. to 4 decision in the Supreme Court.
  76. And even though the United States government did lose, they
  77. actually raised some very interesting points as well.
  78. In the dissenting opinion, they first stated that they never
  79. entered the house.
  80. But then that that can also apply to or they
  81. also cited, Ah, boy, the U.
  82. S will be the United States government in which the
  83. Supreme Court I should be stated that I that I
  84. cannot, by the law of the US United States government
  85. be guilty of trespass.
  86. And this basically they basically argued that they were just
  87. using their eyes or I mean enhancing their I high
  88. eyesight and and since you the I cannot be guilty
  89. of trespass, this means that they do not need a
  90. search warrant because it's not trespassing anything.
  91. And they also argued that if the U.
  92. S Supreme Court did not start with them, this could
  93. very a dangerous president where we're new technology that are
  94. that arrived could not, mhm could not Or the new
  95. technology that arrived cannot be used to to surveil or
  96. to search other people.
  97. I mean, not search to watch other people and to
  98. be used in the probable cause.
  99. And while these are very interesting point, I do side
  100. with kylo and the first case being that, uh yeah,
  101. the first case being in the civil men in the
  102. United States and how ties into the Fourth Amendment and
  103. is a ties back to Kylie's case, where he he
  104. retired into his own home, in which case he the
  105. government has no business entering his house unless they have
  106. a search warrant which does not which they do not.
  107. And it also ties back to the cat versus the
  108. United States, which has a very similar position as well.
  109. And furthermore, they also the public.
  110. The public does not have access as well, so they
  111. could not argue that this was something that that the
  112. regular This is not something that could be argued as
  113. a general procedure, either that anybody could have done and
  114. lastly were being revealed because thermal imaging, in the end,
  115. does reveal parts of your house and especially he spots
  116. in your house and it actually is, in a way,
  117. indirectly entering your house.
  118. Or, I mean, not entering surveilling your house and searching
  119. for your or in this case, searching for your house,
  120. too. And there were also some very interesting points made
  121. by the US government.
  122. And the first thing that the Fourth Amendment stops or
  123. the first being the Fourth Amendment stops is the entrance.
  124. However it does not, and the Fourth Amendment at the
  125. time it was traded, they actually stopped at the entrance
  126. of the house because they had no technology to look
  127. inside the house.
  128. But as the time change and new technology became available,
  129. the Fourth Amendment right, cannot, or the Fourth Amendment cannot
  130. be viewed the same way I said was viewed when
  131. it was first created.
  132. And because of this that it needs to be updated
  133. to include new technology as well as well to be
  134. considered. Searching asked, Thermal imaging and thermal imaging should also
  135. not be considered to be compared to the naked eye,
  136. uh, stated in, um and also thermal imaging cannot be
  137. compared to the eye, as they did in Boy, the
  138. United States, Because even though you are technically using your
  139. eyes and your technically only watching someone or in this
  140. case their house, you cannot actually view heat energy or
  141. hit heat being emitted by the naked eye.
  142. And we have no idea when we had ah, person
  143. would have no idea that they were that that was
  144. being used.
  145. And in Boy Beat United States, the only thing that
  146. we're the only tool that they used that enhanced their
  147. eyesight was just, uh, binoculars or not Binoculars, um, cameras,
  148. that record.
  149. And they still were using their eyes that just had
  150. better, a better quality.
  151. And they need a cameras to show proof.
  152. So in this case, the most emerging could should not
  153. be counted as the I because it is it is
  154. actually enhancing your eyesight.
  155. And it is not something that is capable, or it
  156. is not something you're incapable of doing by yourself alone.
  157. Um, this concludes my presentation on the U.
  158. S. Supreme Court case of Kyle of the United States
  159. and the logic