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NCJ Number: 157361 Add to Shopping cart Find in a Library
Title: Waste Heat and Garbage: The Legalization of Warrantless Infrared Searches
Journal: Criminal Law Bulletin  Volume:29  Dated:(1993)  Pages:19-39
Author(s): L J Steele
Date Published: 1993
Page Count: 21
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: This article analyzes the decision of the U.S. District Court for Hawaii in United States v. Penny-Feeney in terms of its implications for drug law enforcement.
Abstract: Beginning in the late 1980's, marijuana growers began to cultivate their plants in indoor greenhouses; in response, the Drug Enforcement Agency initiated the use of infrared equipment to identify areas where disproportionate heat sources would reveal the use of grow lights. In Penny-Feeney, the Court ruled that infrared emissions were waste heat and, as garbage, could be searched without impunity, and that infrared emissions were similar to the smell that is detected by a trained narcotics dog without a warrant. The author concludes, following an analysis of the issues and case authority, that a warrant should be required to use infrared photography to determine what is occurring within a private dwelling or attached garage. 94 notes
Main Term(s): Drug law enforcement
Index Term(s): Drug manufacturing; Infrared techniques; Marijuana; Warrantless search
Note: DCC
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