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Thread: PV: Screening before the checkpoint is back in style
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Old Apr 25, 2009 | 3:17 pm
  #24  
Ari
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Originally Posted by Superguy
This is an illegal search that violates the 4th amendment under Kyllo v. United States, 533 U.S. 27 (2001)..
No it isn't.

Kyllo dealt with:
  1. A search of a home, one's castle: "“At the very core” of the Fourth Amendment “stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.” Silverman v. United States, 365 U. S. 505, 511 (1961)."
  2. A search that can show intimate detail: "The Agema Thermovision 210 might disclose, for example, at what hour each night the lady of the house takes her daily sauna and bath—a detail that many would consider 'intimate' . . ." (This is Scalia being cute-- he's really saying that the themal image can tell when a couple is having sex-- and in what position(s))
  3. A search the target didn't know about.

None of those three apply to this new toy.
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