On appeal, a panel of the 9th Circuit Court of Appeals at first overturned the lower court ruling but later ruled against Kyllo, saying the search did not require a warrant and was constitutional. In its split ruling, a majority of the appellate court explained it used a two-part test to determine whether the 4th Amendment had been violated. In the past, the high court has allowed law enforcement officers to fly over a person's property or illuminate a person's car with a flashlight, all without warrants. But the court has required warrants when officials put microphones inside homes or place surveillance devices on public telephones. The court should rule in the case, Kyllo vs. U.S., by summer.
Court weighs 'thermal' search.
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