Dk's Case: DLK Vs. The United States

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DLK vs. the United States In order to override privacy concerns without a warrant, law enforcement must be in danger of losing evidence. In the case of DLK vs. the United States, federal agents suspected DLK of growing marijuana plants in his home. Since they had no physical evidence, officers used a thermal scanner to detect any unusual heat patters coming from the home. After scanning and finding a few of those patterns, a judge issued a warrant that resulted in the finding of over 100 marijuana plants. In this case, I believe the government took it too far because there was no warrant allowing officers to scan DLK’s home, there was no danger of losing evidence, and DLK’s fourth amendment rights were violated. First of all, using the thermal scanner in this case is considered a legal search and the officers that used it were not given a warrant. On a warrant, there are three major parts; who is being searched, where they are searching, and what is being searched for. Since officers knew who and what exactly they were searching for at DLK’s home, a warrant should have been provided. Obviously, heat radiation cannot be seen without some type of tool. If it is not visible to the public, and you go looking for it, that is a search. According to document D, “Thermal…show more content…
If DLK had over 100 plants in his house, there is no possible way he could have moved them all before authorities caught him. In document A1, the author states, “The Supreme Court ruled that the warrantless search was valid because otherwise, Carroll might drive away and the evidence would disappear.” In this case, the search was valid against Carroll because he could have easily driven away with the liquor in his car; therefore, some could argue the officials were in “hot pursuit,” giving them permission to do so. It is physically impossible, not just for DLK, but for any person to transport over 100 marijuana plants without there being sight of

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