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FLIR analysis US vs. Kyllo

Discussion in 'Legal Edge' started by Captn, May 10, 2009.

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    Captn

    Captn Well-Known Member

  2.  
    born2killspam

    born2killspam Well-Known Member

    I don't think they should be advised to video the FLIR output if they stumble across something.. Like they stated in the pdf, its analogous to a no knock search.. They used the example of open curtains, and a cop would not be allowed to videotape anything they observed through that window without a search warrant.. By current laws, that would be a crime in itself, not merely grounds to exclude evidence..
    I love the contempt the person that wrote that shows towards the SC though.. Its adorable..:)
     
  3.  
    Captn

    Captn Well-Known Member

    Ya she was talking there about how the good faith exception rule has not been applied to FLIR yet, and so this is what the cops should do to have the best chance of resulting evidence heard. Its weird sometimes to read a document say this is how you bust someone for doing something harmless. she makes a comment that the cop wont just fly away and forget it, his sense of duty won't let him. kinda twisted u know?
     
  4.  
    born2killspam

    born2killspam Well-Known Member

    Well that much is correct, it is the duty of law enforcement to report if they find cause for suspicion.. This is a legal forum, your personal opinion of marijuana is irrelevent here.. (And on that note, the article you posted should have been written more formally, not teeming with the author's personal opinions..)
    I'd like to see them require concise reports regarding all use of such technology.. Similar to how police need to write up every incident where they even draw their gun.. It would make it more difficult to abuse that good faith clause since they'd lose the ability to say shit like 'Well I was playing around with my FLIR unit, yada yada, and stumbled across this house..' Make them log target, purpose, duration/times, direction of observation etc, and cross reference the logs with standard video that depicts the aircraft's position/orientation at all times.. Its not easy to fake proper logs after the fact, ask any trucker..
     
  5.  
    Captn

    Captn Well-Known Member

    The article doesn't appear to be for the general public...it appears to be an instruction to the police, from a San Diego District Attorney, on the use of FLIR in light of Kyllo, which as she points out, has yet to be tested. Particular attention is paid to the inadvertent use of FLIR with regards to grow operations. The DA is instructing police on the procedures they should follow to decrease the likelihood that evidence subsequently collected would be excluded. And she appears to be offering her proffesional, not personal, opinion.
     

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