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Submission + - Doppler radar used by police to determine home occupancy (washingtonpost.com)

schwit1 writes: http://pdfserver.amlaw.com/nlj...

"... Separately and as we alluded to earlier, the government brought with it a
Doppler radar device capable of detecting from outside the home the presence of
“human breathing and movement within.” All this packed into a hand-held unit
“about 10 inches by 4 inches wide, 10 inches long.” The government admits that
it used the radar before entering — and that the device registered someone’s
presence inside. It’s obvious to us and everyone else in this case that the
government’s warrantless use of such a powerful tool to search inside homes
poses grave Fourth Amendment questions. New technologies bring with them not
only new opportunities for law enforcement to catch criminals but also new risks
for abuse and new ways to invade constitutional rights. See, e.g., Kyllo v. United
States, 533 U.S. 27, 33-35 (2001) (holding that using warrantless thermal imaging
to show activity inside a home violated the Fourth Amendment). Unlawful
searches can give rise not only to civil claims but may require the suppression of
evidence in criminal proceedings. We have little doubt that the radar device
deployed here will soon generate many questions for this court and others along
both of these axes.

Comment Re:People Are Such Babies (Score 1) 218

Improperly acting police officer -- this is the problem isn't it.

The idea that justice prevails doesn't work if the police don't follow the rules.

If I'm innocent - am I going to be screwed over if I submit and allow myself to be captured by the police. I'd say that in a certain town where they like to get funding for locking up black people, the answer is gonna be yes.

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