http://www.oyez.org/oyez/resource/case/1304/ Question Presented
Does the use of a thermal-imaging device to detect relative amounts of heat emanating from a private home constitute an unconstitutional search in violation of the Fourth Amendment?
Conclusion
Yes. In a 5-4 opinion delivered by Justice Antonin Scalia, the Court held that "here, as here, the Government uses a device that is not in general public use, to explore details of the home that would previously have been unknowable without physical intrusion, the surveillance is a 'search' and is presumptively unreasonable without a warrant." In dissent, Justice John Paul Stevens argued that the "observations were made with a fairly primitive thermal imager that gathered data exposed on the outside of home but did not invade any constitutionally protected interest in privacy," and were, thus, "information in the public domain."
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=99-8508Jay
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