Dec 222010
 December 22, 2010  Posted by  Court, Surveillance

Orin Kerr writes:

So holds a state court in People v. Lieng, 2010 Cal. App. LEXIS 2106 (1st Dist. December 14, 2010), distinguishing the infrared thermal imaging device used in Kyllo v. United States:

Kyllo is inapplicable to this case. First, night goggles are commonly used by the military, police and border patrol, and they are available to the general public via Internet sales. (U.S. v. Vela (W.D.Tex. 2005) 486 F.Supp.2d 587, 590.) More economical night vision goggles are available at sporting goods stores. (Ibid.) Therefore, unlike thermal imaging devices, night vision goggles are available for general public use.

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