Discussion

In Kyllo v. United States, the Supreme Court held that a thermal image scan for escaping heat from the outside of a home constitutes a search. However, in United States v. Place, the Court held that a drug detector dog's sniff near luggage to detect escaping odors of illegal drugs is not considered a search. Why is a sniff not a search, while thermal imaging is a search? Responses to this questions will come from two groups. If your last name begins with a letter between A through M, take the position that Kyllo was decided incorrectly and does not follow the precedent of Place and support your position. If your last name begins with a letter between N and Z, explain how these two cases, perhaps inconsistently decided at first glance, can be reconciled, and support your position. In your responses to your fellow students' postings, note the weaknesses in their positions. Maintain a respectful academic tone in the debate.