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Kyllo v. United States
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Angel Chagoya-Flores
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Updated Dec 13, 2020
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00:05 - 00:07
Hello, I'm Angel.
00:07 - 00:09
And today we're talking about kylo be United States how
00:10 - 00:12
the Supreme Court case to be, or how the Supreme
00:12 - 00:16
Court case came to be and also the, uh, logic
00:17 - 00:17
behind each side.
00:19 - 00:21
So first, a little bit of history about how the
00:21 - 00:24
case came to be is that Kyler was suspected of
00:24 - 00:29
growing marijuana inside his house and because of the federal
00:29 - 00:32
agents to do is that if they used thermal imaging
00:32 - 00:37
and it matched or that since marijuana requires high levels
00:38 - 00:40
of heat in order to be grown inside, if they
00:40 - 00:44
used thermal imaging and it matched the the heat levels
00:45 - 00:47
did required to know to grow marijuana, then it was
00:48 - 00:52
probably it was probable that the weed was going.
00:52 - 00:55
I mean, that marijuana was going inside hellos house.
00:56 - 00:58
And when they I found, or when they used thermal
00:58 - 01:03
imaging, they found heat levels, uh, similar to those that
01:03 - 01:04
you need to grow marijuana inside.
01:05 - 01:08
And so this was used as they're probably reason, in
01:08 - 01:11
order to request a search warrant and be authorized by
01:12 - 01:15
a judge were and after this, they search Skylar's house
01:16 - 01:17
and arrested him.
01:18 - 01:22
And now the constitutional question that or the arises from
01:23 - 01:27
this case is that kylo argues that, uh, thermal imaging
01:27 - 01:32
account the search which violates the Fourth Amendment rights and
01:32 - 01:34
the U S K or the U.
01:34 - 01:34
S. U.
01:34 - 01:34
S government.
01:35 - 01:39
Uh, are you that thermal imaging actually does not count
01:40 - 01:42
searching your house so they do not need a warrant
01:43 - 01:43
to search it.
01:44 - 01:46
And this eventually worked its way up to the Supreme
01:47 - 01:51
Court, where the definite side to side with kylo.
01:52 - 01:54
And in here, the Supreme Court, I mean, the Fourth
01:54 - 01:57
Amendment stage that the right other people to be secure
01:57 - 02:01
in their house in the persons, houses, papers and effects
02:01 - 02:04
against unreasonable searches and seizures shall not be violated and
02:04 - 02:08
no one shall issue, but upon probable cause, supported by
02:08 - 02:13
oath or affirmation and particularly describing the place to research
02:14 - 02:16
and the prison or things to be ceased.
02:18 - 02:21
And along with the force, men were being cited uh,
02:22 - 02:23
b U S.
02:23 - 02:26
It was also cited, cited in where cats was in
02:26 - 02:28
a similar situation for federal agents.
02:28 - 02:33
Believe that cuts was you transfer transmitting gambling information and
02:33 - 02:35
they found that he used he used a public phone
02:35 - 02:36
booth to do that.
02:37 - 02:40
So federal agents put a listening device outside of the
02:40 - 02:43
public phone booth that cat uses and notice to listen
02:43 - 02:43
to him.
02:43 - 02:48
And after this, uh, they arrested cards for sharing gambling
02:48 - 02:51
information and cut food.
02:52 - 02:56
The United States government and said that his Fourth Amendment
02:56 - 02:57
rights were actually being violated.
02:58 - 03:01
And what this case came to be is that you
03:02 - 03:05
cannot send a person, does not expect for them to
03:05 - 03:07
be listened to in a public in a public phone
03:08 - 03:12
booth that you cannot then listen to them, or that
03:12 - 03:15
you cannot listen to them for for surveillance.
03:15 - 03:18
Recent because that counts as a search and you need
03:18 - 03:20
a search warrant for that which the federal government did
03:20 - 03:25
not. And now this was excited because it's a very
03:25 - 03:28
similar to Kyle situation in which a person does not
03:28 - 03:31
expect thermal imaging to be used on their house or
03:32 - 03:35
just anywhere in general unless being stated that they are.
03:35 - 03:40
And since since kylo could was not expecting or it
03:40 - 03:43
was probably probably that Kyler was not expecting thermal imaging
03:44 - 03:47
to be used in his house, this means, uh, cut
03:47 - 03:48
Richard. The U.
03:48 - 03:52
S. Also applies to him, and since the government did
03:52 - 03:54
not have a search warrant for demo imaging.
03:54 - 03:57
Didn't they broke the law for the Constitution?
03:57 - 04:02
I mean, and the Supreme Court decided or sided with
04:02 - 04:06
kylo and justice and this came to be a 5
04:06 - 04:08
to 4 decision in the Supreme Court.
04:09 - 04:13
And even though the United States government did lose, they
04:13 - 04:14
actually raised some very interesting points as well.
04:15 - 04:19
In the dissenting opinion, they first stated that they never
04:19 - 04:19
entered the house.
04:20 - 04:22
But then that that can also apply to or they
04:22 - 04:25
also cited, Ah, boy, the U.
04:25 - 04:29
S will be the United States government in which the
04:30 - 04:32
Supreme Court I should be stated that I that I
04:32 - 04:34
cannot, by the law of the US United States government
04:35 - 04:36
be guilty of trespass.
04:37 - 04:40
And this basically they basically argued that they were just
04:40 - 04:43
using their eyes or I mean enhancing their I high
04:44 - 04:49
eyesight and and since you the I cannot be guilty
04:49 - 04:52
of trespass, this means that they do not need a
04:52 - 04:54
search warrant because it's not trespassing anything.
04:55 - 04:58
And they also argued that if the U.
04:58 - 05:00
S Supreme Court did not start with them, this could
05:02 - 05:07
very a dangerous president where we're new technology that are
05:07 - 05:12
that arrived could not, mhm could not Or the new
05:12 - 05:18
technology that arrived cannot be used to to surveil or
05:18 - 05:19
to search other people.
05:20 - 05:23
I mean, not search to watch other people and to
05:23 - 05:23
be used in the probable cause.
05:25 - 05:28
And while these are very interesting point, I do side
05:28 - 05:34
with kylo and the first case being that, uh yeah,
05:34 - 05:36
the first case being in the civil men in the
05:37 - 05:40
United States and how ties into the Fourth Amendment and
05:41 - 05:44
is a ties back to Kylie's case, where he he
05:44 - 05:48
retired into his own home, in which case he the
05:49 - 05:52
government has no business entering his house unless they have
05:52 - 05:55
a search warrant which does not which they do not.
05:56 - 05:57
And it also ties back to the cat versus the
05:58 - 06:00
United States, which has a very similar position as well.
06:02 - 06:05
And furthermore, they also the public.
06:05 - 06:09
The public does not have access as well, so they
06:09 - 06:12
could not argue that this was something that that the
06:12 - 06:15
regular This is not something that could be argued as
06:15 - 06:19
a general procedure, either that anybody could have done and
06:20 - 06:25
lastly were being revealed because thermal imaging, in the end,
06:25 - 06:29
does reveal parts of your house and especially he spots
06:30 - 06:32
in your house and it actually is, in a way,
06:32 - 06:33
indirectly entering your house.
06:34 - 06:37
Or, I mean, not entering surveilling your house and searching
06:37 - 06:39
for your or in this case, searching for your house,
06:39 - 06:45
too. And there were also some very interesting points made
06:45 - 06:47
by the US government.
06:48 - 06:51
And the first thing that the Fourth Amendment stops or
06:52 - 06:53
the first being the Fourth Amendment stops is the entrance.
06:54 - 06:56
However it does not, and the Fourth Amendment at the
06:56 - 06:59
time it was traded, they actually stopped at the entrance
06:59 - 07:02
of the house because they had no technology to look
07:02 - 07:02
inside the house.
07:03 - 07:05
But as the time change and new technology became available,
07:06 - 07:10
the Fourth Amendment right, cannot, or the Fourth Amendment cannot
07:10 - 07:12
be viewed the same way I said was viewed when
07:12 - 07:13
it was first created.
07:14 - 07:17
And because of this that it needs to be updated
07:17 - 07:20
to include new technology as well as well to be
07:20 - 07:25
considered. Searching asked, Thermal imaging and thermal imaging should also
07:25 - 07:28
not be considered to be compared to the naked eye,
07:28 - 07:34
uh, stated in, um and also thermal imaging cannot be
07:34 - 07:38
compared to the eye, as they did in Boy, the
07:38 - 07:42
United States, Because even though you are technically using your
07:43 - 07:45
eyes and your technically only watching someone or in this
07:46 - 07:50
case their house, you cannot actually view heat energy or
07:50 - 07:54
hit heat being emitted by the naked eye.
07:54 - 07:56
And we have no idea when we had ah, person
07:57 - 08:00
would have no idea that they were that that was
08:00 - 08:00
being used.
08:01 - 08:04
And in Boy Beat United States, the only thing that
08:04 - 08:08
we're the only tool that they used that enhanced their
08:08 - 08:13
eyesight was just, uh, binoculars or not Binoculars, um, cameras,
08:14 - 08:15
that record.
08:16 - 08:19
And they still were using their eyes that just had
08:19 - 08:20
better, a better quality.
08:21 - 08:23
And they need a cameras to show proof.
08:24 - 08:27
So in this case, the most emerging could should not
08:28 - 08:32
be counted as the I because it is it is
08:32 - 08:34
actually enhancing your eyesight.
08:34 - 08:36
And it is not something that is capable, or it
08:36 - 08:40
is not something you're incapable of doing by yourself alone.
08:43 - 08:46
Um, this concludes my presentation on the U.
08:46 - 08:48
S. Supreme Court case of Kyle of the United States
08:50 - 08:52
and the logic
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