The 9^th Circuit Court of Appeals has recently granted the government’s petition for a rehearing in the case of Kyllo v. U.S., No. 96-30333, April 7, 1998 (http://laws.findlaw.com/9th/9630333.html). A panel of three judges chaired by a visiting judge from Virginia ruled that officers violated the Fourth Amendment by using a thermal imager to detect heat emanations from Kyllo’s house without first obtaining a warrant. Because of the clear discrepancy this case created among other federal circuit courts of appeals that have ruled that thermal imaging is not invasive, the government filed a petition for rehearing. The case will not be heard "en banc" (with all the assigned judges hearing it) as hoped, but will be heard by a regular 3-judge panel. No date has been set as of printing for submission of briefs or oral arguments.

Georgetown PD applied for the above grant by filling out a pilot program questionnaire on the internet at: http://www.epgctac.com. They followed up with a letter signed by the Chief-of-Police to the Electronic Proving Ground Counterdrug Office at Fort Huachuca, Arizona. The letter stated how the imager would be used for counterdrug and other LE uses. Presently only handheld and vehicle mounted imagers are available through this program. The web site lists additional equipment available, instructions for applying, the questionnaire and contact information.