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Gale Encyclopedia of American Law Volume 4 P14 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | ELECTRONIC SURVEILLANCE 119 defendant was likely using a high-intensity lamp and the agent then sought a search warrant from a federal magistrate judge. A subsequent search of the home discovered marijuana. The Supreme Court per Justice antonin scalia found that the use of the device to survey the inside of the defendants home constituted a search for Fourth Amendment purposes. The government argued that because the device only sensed heat emanating from the exterior of the house use of the device was not an unlawful intrusion on the defendant. Scalia disagreed noting that Katz forbids a mechanical application of the Fourth Amendment that focuses only upon the physical capability of a surveillance device. He noted Reversing that approach in Katz would leave the homeowner at the mercy of advancing technology including imaging technology that could discern all human activity in the home. Because the agent had not obtained a warrant until after he conducted a search of Kyllo s home the search violated Kyllo s Fourth Amendment rights. Legislation one year after Katz Congress enacted the omnibus Crime Control and Safe Streets Act of 1968 Pub. L. 90-351 June 19 1968 82 Stat. 197 Pub. L. 90-462 1 Aug. 8 1968 82 Stat. 638 Pub. L. 90-618 Title III Oct. 22 1968 82 Stat. 1236 . Title III of the act governs the interception of wire and oral communications in both the public and private sectors. Electronic surveillance is used in the public sector as a tool of criminal investigation by law enforcement and in the private sector as a means to obtain or protect valuable or discrediting information. Many of the fifty states have enacted legislation similar to Title III. Public Sector Title III outlines detailed procedures the federal government must follow before conducting electronic surveillance. Pursuant to authorization by the attorney general or a specially designated assistant federal law enforcement agents must make a sworn written application to a federal judge specifically
