The right to use doors to protect from rabid Hannahs.
Forward-looking infrared (FLIR) cameras, typically used on military and civilian aircraft, use a thermographic camera that senses infrared radiation.
Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscate any relevant evidence found in connection to the crime.
New Jersey v. T.L.O., 469 U.S. 325 (1985), is a case in which the Supreme Court of the United States established the standard of reasonableness for searches of students conducted by public school officials in a school environment. The Court held that the Fourth Amendment to the U.S. Constitution, specifically its prohibition on unreasonable searches and seizures, applies to searches conducted by school officials. However, school officials do not need to have probable cause or obtain a warrant before searching a student. Instead, in order for a search to be justified, school officials must have reasonable suspicion that the student has violated either the law or school rules.
United States v. Place, 462 U.S. 696 (1983), was a decision by the Supreme Court of the United States in which the Court held, 9–0, that the sniff of one's personal property in a public place by a specially trained police dog was not a "search" under the meaning of the Fourth Amendment. In the case, Raymond Place had his luggage seized at LaGuardia Airport by agents with the Drug Enforcement Administration, which they held onto for several days while waiting for a search warrant to be granted. Justice Sandra Day O'Connor wrote for the unanimous Court that the sniff of a dog is sui generis, or "uniquely pervasive", and thus police do not need probable cause for their police dog to sniff a person's belongings in a public place. The Court did rule, however, that detaining a person's belongings while waiting for a police dog to arrive did constitute a "seizure" under the Fourth Amendment.
Kyllo v. United States, 533 U.S. 27 (2001), was a decision by the Supreme Court of the United States in which the Court held, 5–4, that the use of thermal imaging devices to monitor heat radiation in or around a person's home, even if conducted from a public vantage point, is unconstitutional without a search warrant. In the case, federal agents conducted a thermal scan on the home of Danny Lee Kyllo, a suspected cannabis farmer, without a warrant, and used the thermograms gathered from the scan to convict him. Justice Antonin Scalia wrote for the five-justice majority that thermal imaging constitutes a "search" under the Fourth Amendment to the Constitution, as the police were using FLIR devices to "explore details of the home that would previously have been unknowable without physical intrusion."
R v Buhay [2003] 1 S.C.R. 631, 2003 SCC 30 is a leading Supreme Court of Canada decision on the Charter rights protecting against unreasonable search and seizure and the criteria for the exclusion of evidence under section 24(2). The court held that for evidence to be excluded on the Collins test, the seriousness of the breach must be determined by looking at factors such as good faith and necessity. On the facts, marijuana found in a bus station locker was excluded from evidence because the police had insufficient reason to search it without a warrant.
Section 8 of the Canadian Charter of Rights and Freedoms protects against unreasonable search and seizure. This right provides those in Canada with their primary source of constitutionally enforced privacy rights against unreasonable intrusion from the state. Typically, this protects personal information that can be obtained through searching someone in pat-down, entering someone's property or surveillance.
Expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the United States Constitution. It is related to, but is not the same as, a right to privacy, a much broader concept which is found in many legal systems. Overall, expectations of privacy can be subjective or objective.
Illinois v. Caballes, 543 U.S. 405 (2005), was a decision by the Supreme Court of the United States in which the Court held, 6–2, that the use of a drug-sniffing police dog during a routine traffic stop did not violate the Fourth Amendment, even if the initial infraction is unrelated to drug offenses. In the case, Illinois native Roy Caballes was charged with narcotics trafficking after Illinois State Police uncovered marijuana in the trunk of his car during a routine traffic stop for speeding. Justice John Paul Stevens wrote for the six-justice majority that a well trained police dog will only alert to the presence of illegal substances that no citizen has the right to possess, and therefore it is not unconstitutional for the police to use a dog to uncover it. Chief Justice William Rehnquist took no part in the consideration of this case, and did not author an opinion.
South Dakota v. Opperman, 428 U.S. 364 (1976), elaborated on the community caretaking doctrine. Under the Fourth Amendment, "unreasonable" searches and seizures are forbidden. In addition to their law-enforcement duties, the police must engage in what the court has termed a community caretaking role, including such duties as removing obstructions from roadways to ensure the free flow of traffic. When the police act in this role, they may inventory cars they have seized without "unreasonably" searching those cars.
R v Duarte, [1990] 1 SCR 30 is a leading case decided by the Supreme Court of Canada on the right to privacy under section 8 of the Canadian Charter of Rights and Freedoms ("Charter"). The Court held that a warrantless and surreptitious video recording of private communications violated section 8. Consent of only one party to a conversation is insufficient to be reasonable.
Wilson v. Arkansas, 514 U.S. 927 (1995), is a United States Supreme Court decision in which the Court held that the traditional, common-law-derived "knock and announce" rule for executing search warrants must be incorporated into the "reasonableness" analysis of whether the actual execution of the warrant is/was justified under the 4th Amendment. The high court thus ruled that the old "knock and announce" rule while not a hard requirement, was also not a dead letter.
Whren v. United States, 517 U.S. 806 (1996), was a unanimous United States Supreme Court decision that "declared that any traffic offense committed by a driver was a legitimate legal basis for a stop."
R v Patrick, [2009] 1 S.C.R. 579, 2009 SCC 17, is a constitutional decision by the Supreme Court of Canada on the limits of police powers for search and seizure. The Court found that police have the right to take garbage bags placed for collection at edge of a property without warrant. In this case, the accused abandoned his privacy interest when he placed his garbage for collection at the rear of his property where it was accessible to any passing member of the public. His section 8 rights under the Canadian Charter of Rights and Freedoms were not violated when a police officer seized bags of garbage at the rear of his property and used the contents of seized bags as evidence of criminal activity.
R v AM, [2008] 1 S.C.R. 569, 2008 SCC 19, is a constitutional decision by the Supreme Court of Canada on the limits of police powers for search and seizure. The Court found that police do not have the right to perform a sniffer-dog search of public spaces when such search is not specifically authorized by statute. In this case, a student's section 8 rights under the Canadian Charter of Rights and Freedoms ("Charter") were violated when a police officer sniffer-dog searched his unattended backpack in the gymnasium of his school finding drugs in his possession.
R v M (MR), [1998] 3 SCR 393 is a leading decision of the Supreme Court of Canada on search and seizure by teachers and principals in Canadian schools. In this case, a student's section 8 rights under the Canadian Charter of Rights and Freedoms ("Charter") were not violated by being searched by a school principal with a police constable present.
Kentucky v. King, 563 U.S. 452 (2011), was a decision by the US Supreme Court, which held that warrantless searches conducted in police-created exigent circumstances do not violate the Fourth Amendment as long as the police did not create the exigency by violating or threatening to violate the Fourth Amendment.
Florida v. Jardines, 569 U.S. 1 (2013), was a United States Supreme Court case which resulted in the decision that police use of a trained detection dog to sniff for narcotics on the front porch of a private home is a "search" within the meaning of the Fourth Amendment to the United States Constitution, and therefore, without consent, requires both probable cause and a search warrant.
R v Spencer, 2014 SCC 43 is a landmark decision of the Supreme Court of Canada on informational privacy. The Court unanimously held that internet users were entitled to a reasonable expectation of privacy in subscriber information held by Internet Service Providers. And as such, police attempts to access such data could be subject to section 8 of the Charter of Rights and Freedoms.
