Stevens says observing exterior heat did not invade protected privacy
John Paul StevensAssociate justice writing a dissent joined by three other justices
Stevens argues that the limited exterior observations were lawful.
“Those observations were made with a fairly primitive thermal imager that gathered data exposed on the outside of petitioner’s home but did not invade any constitutionally protected interest in privacy.”
Original text
Original text
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.
Source and context
Original text
About this source
Stevens distinguishes heat observed outside a home from surveillance of its interior.
Archived copy (opens in a new tab)Original text
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
He distinguishes exterior observations from surveillance through walls.
After the quotation
He criticizes the majority's rule as unnecessarily broad.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
He defends the specific thermal scan as observation of exposed information.
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More from this case
Read the full caseScalia says the thermal scan was a search requiring 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”Read statement
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The Dispute Index. "Stevens says observing exterior heat did not invade protected privacy". First published: 2026-10-29. Last updated: 2026-10-29. https://disputeindex.com/events/7147-stevens-argues-that-the-limited-exterior-observations-were