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| Patrick Ducharme |
FLIR imaging is not the equivalent of an entry to premises that is under surveillance. Rather, it is more accurately characterized as an external surveillance of a home or place to obtain information that may be capable of supporting an inference about what actively is going on inside. Consequently, in its present form, FLIR imaging cannot permit any inferences about the precise activity occurring inside simply by measuring the heat that emanates from a home or other place. Context is important here. Everything shown in an FLIR photograph exists on the external surfaces of the building. Thus, the technology does not infringe or intrude upon a person’s reasonable expectation of privacy.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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