The employment of the thermal imager and the Fourth Amendment is the respondent's strongest defense.
The Fourth Amendment and the use of the thermal imager are the respondent's greatest defenses. The court argues that a thermal imager poses no risk to the privacy of a private action taking place in a private setting.
Most American courts have determined that the warrantless use of these devices does not violate the Fourth Amendment since they are utilized outside of the perimeter of the targeted property and do not encroach upon or enter it.
But as the operator focuses on the suspected structure in an effort to "see" the heat patterns on the building's façade, Fourth Amendment concerns arise. Because a thermal imager can see through walls, the Federal Circuits maintains that utilizing one requires a warrant.
To learn more about Thermal imagers refer to:
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