Scalia says the thermal scan was a search requiring a warrant

Antonin ScaliaAssociate justice writing the Supreme Court's majority opinion

The majority opinion holds that this use of thermal imaging was a search, presumptively unreasonable without a warrant.

“Since we hold the Thermovision imaging to have been an unlawful search, it will remain for the District Court to determine whether, without the evidence it provided, the search warrant issued in this case was supported by probable cause”

Original text

Read the original text (opens in a new tab)Scalia's majority opinion in KylloConclusion of the opinion, 533 U.S. at 40

Original text

Read the original text (opens in a new tab)Kyllo majority and dissent in the U.S. Reports · Supreme Court of the United States533 U.S. 27, decided June 11, 2001; majority pages 27-41 and dissent pages 41-52

Where this statement fits

Supreme Court holds the thermal scan of Kyllo's home was a search; Stevens dissents

In Kyllo v. United States, the Supreme Court held that the thermal scan at issue was a search and was presumptively unreasonable without a warrant. Justice Antonin Scalia wrote that technology should not erode privacy inside the home. Justice John Paul Stevens argued that observing heat outside the home did not invade protected privacy.

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Source and context

Original text

Scalia's majority opinion in Kyllo (opens in a new tab)Conclusion of the opinion, 533 U.S. at 40

About this source

The majority explains its warrant rule for the technology used in this case.

Archived copy (opens in a new tab)

Original text

Kyllo majority and dissent in the U.S. Reports (opens in a new tab) · Supreme Court of the United States533 U.S. 27, decided June 11, 2001; majority pages 27-41 and dissent pages 41-52

About this source

The Supreme Court reverses and remands. The dissent would uphold the thermal scan.

Archived copy (opens in a new tab)

Before the quotation

The majority considers technology not in general public use.

After the quotation

It remands to consider whether other evidence supported the later warrant.

How this statement is classified

Condemned

The label describes this statement's response within the context above.

Why this label?

Scalia's majority opinion expressly holds that the thermal imaging of the home was an unlawful search.

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Scalia says the thermal scan was a search requiring a warrant
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The Dispute Index. "Scalia says the thermal scan was a search requiring a warrant". First published: 2026-10-29. Last updated: 2026-10-29. https://disputeindex.com/events/7146-the-majority-opinion-holds-that-this-use-of