UNIVERSITY OF THE DISTRICT OF - UDC Law Review

unfamiliar or rapidly advancing technology that “is not in general use.” Bloodhounds have been chasing escaping prisoners and
other fugitives through the swamps for hundreds of years ....
Id.
340 Cf. Peebles, supra note 152, at 86 (“[F]ailure to reach the question of reasonableness of a search has meant that many types of
governmental intrusions are taken out of the domain of judicial control altogether. To hold that no reasonable expectation of
privacy existed and that no search occurred permits the judiciary, in effect, to wash its hands of its normal supervisory role over a
given type of governmental investigative activity.”).
341 See supra notes 328-29.
342 However, the lack of optical magnification was an important fact, even to the Kyllo Court. See Kyllo, 533 U.S. at 33 (observing
that, unlike Riley and Ciraolo, “[t]he present case involves officers on a public street engaged in more than naked-eye surveillance
of a home”).
343 Berger v. New York, 388 U.S. 41, 62-63 (1967) (citation omitted).
344 129 S. Ct. 1710, 1723-24 (2009) (refusing to extend Belton to allow for the search of a vehicle after an arrestee had been secured
and therefore could not access the interior of the vehicle because Belton’s safety rationale was not satisfied).
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