By Robert M. Bloom, Mark S. Brodin
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Florida v. S. 445,465 (1989) (dissenting). Undeniably, the definition of "search" is not so much a legal question as it is a basic value judgment as to what type of police conduct should be subject to constitutional scrutiny. EXAMPLES 1. John is growing marijuana plants in a garden in his backyard immediately adjacent to the porch. The small yard is surrounded by 18. Where, however, the cell search is motivated not by institutional needs but by a prosecutor's desire to seize evidence, Fourth Amendment protections have been held to apply.
The court found determinative the low altitude of the flight compared to Ciraolo ( 1,000 feet) and Riley (400 feet) and the excessive noise created by the flight, which witnesses testified disrupted the neighborhood. See Colorado v. 2d 63 (Colo. Ct. App. 1990). 13. Those observations can therefore be used in establishing probable cause to obtain a warrant to search the home and seize the plants. The officer cannot, however, enter the home without a warrant. 2. 2 Search and Seizure-The Framework of the Fourth Amendment out the enhancement, the Fourth Amendment is not implicated.
The Court also premised its decision on the limited nature of the intrusion represented by a litmus test that can detect only the presence or absence of cocaine. 32 When Does the Fourth Amendment Apply? 2 not constitute search). See also United States v. S. 696 (1983), discussed infra in explanation 6. S. at 361. When police officers use a thermal imaging device to detect the levels of heat coming from within the home of a suspected drug cultivator (lights used to grow marijuana plants emit heat), is there a "search"?