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Ontario Court Requires Warrants for Infrared Search 4

someguyintoronto writes "This article from the Globe and Mail states that an Ontario Court of Appeal has ruled 3-0 that infrared surveillance is subject to the same laws that exist for obtaining warrants. The ruling came under a case where RCMP conducted aerial surveillance on a suspect's personal residence for production and trafficking of marijuana. The court commented: 'The nature of the intrusiveness is subtle, but almost Orwellian in its theoretical capacity.'" The U.S. Supreme Court, in a 5-4 ruling has held much the same thing.
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Ontario Court Requires Warrants for Infrared Search

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  • "While I accept that technically what is being scrutinized is heat from the surface of a home, it is impossible to ignore the fact that those surface emanations have a direct relationship to what is taking place inside the home," it said.

    Finally a sensible opinion. But except for this last paragraph which seems to be from the opinion itself, the journalist writes as though the ruling only applies to IR radiation. If that is the case then I suspect that in the coming years the police and other agencies will pick this fight again and again at every other frequency band in the spectrum. [sciencedaily.com]

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