Earlier quoted context omitted.
That's certainly true using that reasoning (which, incidentally, I think is ridiculous). Of course, they could come up with a workaround. Like perhaps it's not a violation of property rights for invisible and virtually harmless waves to enter private property, and if they happen to bounce off something and come back to the source for collection and analysis, so be it.
> That's certainly true using that reasoning (which, incidentally, I think is ridiculous). While Kyllo was obviously decided correctly, I don't think the reasoning of the dissent is ridiculous. Arguably, it's better scientifically. Premise: It's not an unreasonable search if police stand on the public street outside a house and hear someone shout: "I killed Jake!" Argument: Use of thermal imaging is indistinguishable…
If you confess to murder in your own home on an ultrasonic carrier wave, and the police happen to be outside on the sidewalk pointing an ultrasonic microphone at your house, no reasonable person could deny that was a search of your home.
A visible-light camera with an audible-range microphone that coincidentally covered your home in the course of otherwise lawful activity, on the other hand, would be more in the nature of accidental eyewitness than intentional search.
When people take steps to create a private space for themselves, they judge by their own senses whether their precautions are sufficient. If I stand outside my own house and cannot see, hear, smell, or otherwise sense any activity within, I have a reasonable expectation of privacy. I typically do not use a wi-fi packet sniffer, or a FLIR camera, or a laser microphone to ensure that my activities are safe from interception from random passers-by, because they do not carry such equipment.