holding that defendant's reliance on Ferrier was misplaced since police did not engage in a knock and talk procedure
How later courts described this case
- holding that defendant's reliance on Ferrier was misplaced since police did not engage in a knock and talk procedure
- recognizing that police use of an infrared thermal device to detect heat distribution patterns within a home undetectable by human senses is particularly intrusive and exceeded article I, section 7 privacy protection
- holding that the use of a thermal imager is a search under the Fourth Amendment because it gathers information about the home that could not be gathered with the naked eye
- finding search of a toilet stall offensive because society recognizes a reasonable expectation of privacy in those bodily functions which take place in a bathroom stall
Written by the judges who cited it.
The opinion
Durham, J.
(concurring) — I agree with the majority (pages 188-194) that the use of the infrared device in this case constituted a search under the fourth amendment to the United States Constitution. I would, therefore, reverse Young’s conviction. I do not, however, concur in the majority’s analysis of article 1, section 7 of the Washington State Constitution.
Andersen, C. J., concurs with Durham, J.