United States v. Danny Lee Kyllo

Opinion by Judge HAWKINS; Dissent by Judge NOONAN.

MICHAEL DALY HAWKINS, Circuit Judge:

As a matter of first impression in this circuit, Danny Lee Kyllo (“Kyllo”) challenges the warrantless use of a thermal imaging device as a violation of the Fourth Amendment. Kyllo also challenges reli-anee on a portion of an affidavit discussing his marriage to Luanne Kyllo (“Luanne”), but omitting mention of his divorce, arguing it should not have been considered in determining whether there was probable cause to issue a warrant to search his home. We affirm, holding that the thermal image scan performed…