St Louis, MO asked in Business Law, Criminal Law and Constitutional Law for Missouri

Q: Can law enforcement in missouri use a technology that see's thru walls? It's called xazer. Its a 4th amdment issue.

If a person is observed doing something illegal inside a house specifically bedroom and bath, is this admissible evidence? Has this been challenged in missouri courts?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In Missouri, law enforcement's use of technology that sees through walls, like Xazer, raises serious Fourth Amendment concerns. The Fourth Amendment protects against unreasonable searches, and courts generally require a warrant for any search that intrudes into areas where people have a reasonable expectation of privacy, like bedrooms or bathrooms. Using such technology without a warrant could be considered an illegal search.

Evidence obtained in this way, especially if it involves private activities inside a home, may not be admissible in court. Courts tend to suppress evidence collected through unconstitutional searches, meaning it could be thrown out and not used against you. This protection is especially strong when it comes to searches of private spaces, like your home.

The use of such technology has been challenged in courts across the U.S., though Missouri may not have a specific case addressing Xazer yet. However, legal precedent suggests that similar searches without a warrant would face strong opposition. You may want to consult with legal counsel to better understand how these laws apply to your specific situation.

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