Technology is eroding our constitutional rights.
DENVER - Police usage of Doppler radar to detect whether someone is in a
house could raise "grave Fourth Amendment questions," the 10th Circuit
ruled Tuesday.
The case stems from the hunt by police for Kansas
parolee Steven Denson. After Denson had stopped checking in with his
probation officer while on release from a sentence for armed robbery,
police used a utility bill to track him down and search his home.
Though
Denson pleaded guilty to illegal possession of firearms, he preserved
his right to appeal claims that the entry and search of his home were
unlawful.
The 10th Circuit sided with the government but it
acknowledged that the government's use of a Doppler radar device to
detect whether someone was in the house was problematic.
Writing
for the three-judge panel, Judge Neil Gorsuch noted that the cases
forces the court confront, though not resolve fully, "how the Fourth
Amendment interacts with the government's use of radar technology to
peer inside a suspect's home."
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