>From: "Peter McWilliams" <peter@mcwilliams.com>
>Subject: Merry Christmas from Pittsburgh
>Date: Sat, 25 Dec 1999 12:12:08 -0800
>X-Mozilla-Status: 8001
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>
>
>Every so often a ruling comes along that lets you believe we still have 
a
>Constitution after all.
>
>Enjoy,
>
>Peter
>
>
>US PA: Court Rules Against Device In Drug Cases
>
>       URL: http://www.mapinc.org/drugnews/v99.n1394.a04.html
>
>       Newshawk: Sledhead
>       Pubdate: Fri, 24 Dec 1999
>       Source: Inquirer (PA)
>       Copyright: 1999 Philadelphia Newspapers Inc.
>       Contact: Inquirer.Opinion@phillynews.com
>       Address: 400 N.  Broad Street, Philadelphia, PA 19101
>       Website: http://www.phillynews.com/
>       Forum: http://interactive.phillynews.com/talk-show/
>       Author: Jeffrey Bair, Associated Press
>
>       COURT RULES AGAINST DEVICE IN DRUG CASES
>
>       The Justices Said Using A Heat-Detection Tool To Find Marijuana
>Indoors Violated The
>       Fourth Amendment.
>
>       PITTSBURGH - Police may not use a heat-revealing device to gather
>evidence about
>       whether someone is growing marijuana indoors with high-powered
>lights, the state Supreme
>       Court said.
>
>       The court said Wednesday that a 1994 stakeout by Erie County drug
>agents equipped with a
>       device that detected extreme heat violated Fourth Amendment
>protections against
>       unreasonable searches.
>
>       An informant had told Erie County police that a small indoor
>marijuana farm was operating in
>       a house.
>
>       A National Guard officer who was helping police inspected the
>house with a device known
>       informally as a Wasp.  It detects heat radiating from sources such
>as human bodies.
>
>       The device found that Gregory Gindlesperger's house was much
>warmer than five nearby
>       houses.  A Guard officer said the heat in Gindlesperger's basement
>was unlike the heat
>       someone one would expect to see from a furnace.
>
>       Police obtained a warrant, searched the house, and said they found
>21 marijuana plants under
>       hot lights.  Gindlesperger was convicted of drug charges and
>sentenced by a judge in 1996 to
>       three to five years in prison.
>
>       He has remained free during his appeal with the permission of the
>trial judge.
>
>       "In the old days, if police were breaking down your door, you knew
>it," said Elliot Segel,
>       Gindlesperger's attorney.  "These days, it doesn't take that
>physical penetration into the home
>       anymore for an invasion of privacy."
>
>       Justice Stephen Zappala, writing for the court and supporting an
>earlier Superior Court
>       opinion, rejected an argument by prosecutors that the use of the
>device was no different from
>       using a drug-sniffing dog.
>
>       Erie County District Attorney Joe Conti said an appeal to the
>U.S.  Supreme Court was
>       possible because the case involved the Fourth Amendment.  "Right
>now, our advice is that the
>       device not be used pending the outcome of any decision by the
>nation's highest court," he
>       said.
>
>       Kevin Harley, a spokesman for Attorney General Mike Fisher, said
>the devices were not
>       widely used in the state.
>
>       Zappala said a trained dog could detect the presence of an illegal
>drug, but the device spots
>       heat that could come from either a legal or an illegal source.
>
>       The U.S.  Supreme Court has yet to address the legality of the
>heat-seeking devices, and
>       rulings in appeals courts have been mixed, according to the
>Pennsylvania court.
>
>
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