[Thermal Imaging] Sam Was Illegally Growing Marijuana in His Home

question 89

Multiple Choice

[Thermal Imaging] Sam was illegally growing marijuana in his home using heat lamps. The police randomly selected his street to search for illegal activity. Without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, and determined that given the amount of emissions coming from Sam's house, he must be engaged in criminal marijuana cultivation. The police immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that he had no right to stay silent and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer, who just graduated from law school, is not sure if the police acted legally in Sam's case by using the thermal imager. Sam's lawyer also questions whether Sam had a right to remain silent, and he is concerned that the judge has not granted Sam a hearing.
-Did the police act within their rights by using the thermal imager?

• A) The police acted within their rights so long as they can show that they asked a judge for a warrant before using the thermal imager, but the judge refused.
• B) The police acted within their rights so long as they can show that the street was truly chosen at random for a search.
• C) The police acted within their rights so long as they can show that Sam had been in jail previously on a drug offense charge.
• D) The police acted legally so long as they can show that Sam had been in jail previously for any offense.
• E) The police violated Sam's Fourth Amendment rights in using the thermal imager.

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Definitions:

Retrieval Failure

The inability to recall information that is stored in memory, often due to interference or the passing of time.

Ineffective Encoding

A failure in the process of storing new information in a manner that makes it easy to retrieve later, often leading to forgetfulness.

Elizabeth Loftus

A cognitive psychologist best known for her work on the malleability of human memory and the misinformation effect.

Repressed Memories

Memories unintentionally hidden from consciousness due to their connection with significant trauma or stress.