Question

[thermal imaging] sam was illegally growing marijuana in his home using heat lamps. the police randomly selected his street to search for illegal activity. without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, and determined that given the amount of emissions coming from sam's house, he must be engaged in criminal marijuana cultivation. the police immediately broke down sam's door, searched his home, and arrested him. the police officer in charge told sam that he had no right to stay silent and that he might as well confess. sam proceeded to confess to growing marijuana and a number of other crimes. the judge was so angry with sam that he threw him in jail for two months without any kind of hearing. sam's lawyer, who just graduated from law school, is not sure if the police acted legally in sam's case by using the thermal imager. sam's lawyer also questions whether sam had a right to remain silent, and he is concerned that the judge has n

Answer 1

The way that the thermal imaging is utilized is left open to interpretation. Even though officers should knock and announce their presence before they break down a door or carry out another forced entry, exceptions apply. In this case, we can see the abuse of authority under the right of silence or Miranda warning.