Question

How does the government support their case that thermal scan is not a search? What is the strongest argument for the respondent?

Answer 1

The government supports their case that thermal scan is not a search because thermal imagery did not invade the home or reveal any detailed activity within the home itself and also the thermal imagery only scanned surfaces exposed to public view.

Privacy Rights and the Fourth Amendment

        According to the passage, The government supports their case that thermal scan is not a search because the thermal imagery only detects heat emanating from the exteriors of the petitioners house.

     

Also the thermal imagery did not invade the home or reveal any detailed activity within the home itself and therefor this could be used to gather information without previously obtaining a search warrant.

    The government also posited that the thermal imagery only scanned surfaces exposed to public view in other to detect the physical fact of relative heat as against the notion that thermal imagery could be used to obtain detailed information about the interior of a home.

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Answer 2

Answer:

The government backs up their assertion that a thermal scan isn't a search because the thermal imager only detects heat from the petitioners' home's exteriors, according to the text.

The thermal imager may also be used to obtain information without a search warrant because it did not intrude into the residence or reveal any specific activity within it.

The government further argued that thermal imagers simply scanned public surfaces to ascertain the physical fact of relative heat, rather than the assumption that they could be used to obtain detailed information about a home's interior.