United States v. Dale E. Myers

MANION, Circuit Judge.

Dale E. Myers pleaded guilty to manufacturing marijuana and possessing marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Myers’ guilty plea reserved the right to appeal the district court’s denial of his motion to suppress marijuana recovered during a search of his home. Myers now appeals the denial of his motion to suppress. This appeal presents an issue of first impression in this circuit, namely whether thermal imaging scanning is a search within the meaning of the Fourth Amendment. We join the Eighth and Eleventh Circuits and hold that it is…