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JUNE 12, 2001

In a decision being noted for its unusual difference of opinion, the Supreme Court on Monday ruled that police may not use a high-tech surveillance device without first obtaining a warrant.

By a vote of 5 to 4, the Court said drug agents who used a thermal imaging device to track a suspected marijuana grower inside his own violated the Constitutional rights of an Oregon man. The Court said use of the device without probable cause is prohibited by "unreasonable searches and seizures."

Justice Antonin Scalia wrote for the majority, joined by three liberal Justices and conservative Clarence Thomas. Liberal Justice John Paul Stevens wrote a dissent, joined by conservative Chief Justice William H. Rehnquist and the two swing votes -- Justices Sandra Day O'Connor and Anthony M. Kennedy.

Get the Decision Kyollo v. US:
Syllabus | Opinion | Dissent

Get the Story:
High-Tech Devices Require a Warrant (The Wasington Post 6/12)
Supreme Court Bars High-Tech Snooping (The New York Times 6/12)
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