Brooklyn, NY asked in Criminal Law and Civil Rights for New York

Q: 1) Can law enforcement use infrared surveillance inside your whole house?2) Can they make annoying noises inside

Your house, especially when they know you are sensitive to noises?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: Law enforcement use of infrared surveillance is subject to legal constraints, including requirements for a warrant in many circumstances. The U.S. Supreme Court has held that thermal imaging of a home to detect relative amounts of heat, without a warrant, can constitute a search in violation of the Fourth Amendment.

As for creating annoying noises, law enforcement generally does not have the authority to engage in actions intended to harass or annoy individuals without a legitimate law enforcement purpose.

If you suspect illegal surveillance or harassment by law enforcement, you may wish to consult with a lawyer to discuss your specific situation and explore legal remedies that may be available to you.

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