Judge Gorsuch on arrrest warrants and Doppler radar devices
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/12/30/judge-gorsuch-on-arrrest-warrants-and-doppler-radar-devices/
http://pdfserver.amlaw.com/nlj/radar_ca10_20141230.pdf
page 7
[QUOTE]Separately and as we alluded to earlier, the government brought with it a
Doppler radar device capable of detecting from outside the home the presence of
“human breathing and movement within.” All this packed into a hand-held unit
“about 10 inches by 4 inches wide, 10 inches long.” The government admits that
it used the radar before entering — and that the device registered someone’s
presence inside. It’s obvious to us and everyone else in this case that the
government’s warrantless use of such a powerful tool to search inside homes
poses grave Fourth Amendment questions. New technologies bring with them not
only new opportunities for law enforcement to catch criminals but also new risks
for abuse and new ways to invade constitutional rights.
See, e.g.
,
Kyllo v. United
States
, 533 U.S. 27, 33-35 (2001) (holding that using warrantless thermal imaging
to show activity inside a home violated the Fourth Amendment).
Unlawful
searches can give rise not only to civil claims but may require the suppression of
evidence in criminal proceedings. We have little doubt that the radar device
deployed here will soon generate many questions for this court and others along
both of these axes. [/QUOTE]
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