Rather it measured the heat emanating from and on the outside of the house.'' Such a distinction lacks understanding. During the arguments before the Circuit Court, attorneys pointed out that even more sophisticated thermal imaging devices would be able to detect sexual activity within a house. The Circuit Court dismissed such concerns in this case because the imaging resolution was not sufficient to expose detailed activities behind closed doors. This could be a reasonable distinction, but no guidance is offered as to how detailed such passive observations must be before they constitute a search. The Fourth Amendment presupposes that in some cases people want to be left alone out of the constant observation of the state or the public.
Drug use creates enough victims by itself.
We do not need to add to this list of victims the Fourth Amendment. References Northwestern University, Kyllo, Danny v. US United States of America versus Danny Lee Kyllo, US 9th Circuit Court of Appeals Opinion.