hal lillywhite wrote:

On Apr 25, 10:33 pm, Bill Shatzer wrote:

hal lillywhite wrote:


It's the bug which is the search or seizure.

Still, it's searches and seizures which the constitution addresses.


Agreed and it is rather clear when a cop is searching or seizing.


The infrared camera is not an entry at all - it is merely recording the
emissions coming from the dwelling in any case.

But clearly is seeking evidence if that is how they use it.

They're seeking evidence when they peer through a hole in the fence and
spot a marijuana grow in the back yard.

But there's rather more expectation of privacy inside a house than in
a yard.

And thus JUDGES have come up with the "reasonable expectation of
privacy" criterion - a standard which does not appear in the 4th
amendment nor in the 1791 English common law.

peace and justice,