Thermal infrared imagery, obtained from the mid- and far-infrared portions of the electromagnetic spectrum, provides imagery purely by detecting the heat emitted by objects. Thus, a thermal infrared system can detect buried structures, such as missile silos or underground construction, as a result of the heat they generate. Since thermal infrared imagery does not require visible light, it can be obtained under conditions of darkness--if the sky is free of cloud cover.4 Thermography is the use of an infrared imaging and measurement camera to "see" and "measure " thermal energy emitted from an object. Thermal, or infrared energy, is light that is not visible because its wavelength is too long to be detected by the human eye; it's the part of the electromagnetic spectrum that we perceive as heat. Unlike visible light, in the infrared world, everything with a temperature above absolute zero emits heat. Even very cold objects, like ice cubes, emit infrared. The higher the object's temperature, the greater the IR radiation emitted. Infrared allows us to see what our eyes cannot. Infrared thermography cameras produce images of invisible infrared or "heat" radiation and provide precise non-contact temperature measurement capabilities. Nearly everything gets hot before it fails, making infrared cameras extremely cost-effective, valuable diagnostic tools in many diverse applications. And as industry strives to improve manufacturing efficiencies, manage energy, improve product quality, and enhance worker safety, new applications for infrared cameras continually emerge. An infrared camera is a non-contact device that detects infrared energy (heat) and converts it into an electronic signal, which is then processed to produce a thermal image on a video monitor and perform temperature calculations. Heat sensed by an infrared camera can be very precisely quantified, or measured, allowing you to not only monitor thermal performance, but also identify and evaluate the relative severity of heat-related problems. Recent innovations, particularly detector technology, the incorporation of built-in visual imaging, automatic functionality, and infrared software development, deliver more cost-effective thermal analysis solutions than ever before. FLIR: Forward-Looking Infrared devices, commonly known as FLIRs, are mounted under aircraft and are used to detect heat sources, whether inside homes or businesses, or on open land. As the court explained in U.S. v. Robinson, FLIR thermal imaging is a process whereby differences in heat emissions are measured and reflected on a videotape. Heat concentration is indicated on a videotape on a spectrum of light to dark, with bright white showing intense heat.66 Or, as another court observed, [FLIR] operates much like a camera, it does not take photographs, but instead captures images by measuring the difference in temperature between particular objects and their surroundings.67 The legal requirements for using FLIR technology is discussed below in the section on thermal imaging scanning. Thermal imaging scanning To date, thermal imaging devices have been used primarily in cases where officers have reason to believe that marijuana is being grown inside a home, business, or other structure. To confirm their suspicions, they may use a thermal imager to scan the outside of the structure to determine the existence and location of unusual heat sources. A positive reading may constitute circumstantial evidence that artificial lighting is being used to promote growth of the plants. This information is then incorporated into an affidavit in support of a warrant to search the premises. At present there is a conflict over whether a warrant is required to use a thermal imaging device to scan the outside of a structure to determine the existence and location of heat sources within.68 This situation should, however, be resolved within the next year or so. This is because, on September 26, 2000, the U.S. Supreme Court granted certiorari in U.S. v. Kyllo (9 th Cir. 1998) 190 F.3d 1041, a case in which the Court will likely decide when, or under what circumstances, a warrant is required to conduct thermal imaging scanning. Until then, it is recommended that officers seek a warrant to conduct such surveillance. As for thermal imagers used to detect heat sources inside a residence, as noted earlier the law is presently unclear. As the court explained in U.S. v. Robinson, FLIR thermal imaging is a process whereby differences in heat emissions are measured and reflected on a videotape. Heat concentration is indicated on a videotape on a spectrum of light to dark, with bright white showing intense heat.66 Or, as another court observed, [FLIR] operates much like a camera, it does not take photographs, but instead captures images by measuring the difference in temperature between particular objects and their surroundings.67 The legal requirements for using FLIR technology is discussed below in the section on thermal imaging scanning. 66 (11 th Cir. 1995) 62 F.3d 1325, 1327, fn.2. 67 See U.S. v. Nueva (1 st Cir. 1992) 979 F.2d 880, 882.
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