There have been many reports of people being investigated and busted for marijuana cultivation because their homes were monitored with an Infrared Heat Sensing Device.

It works like this; If the authorities suspect someone is cultivating marijuana, they set up surveillance of the home or building and use an Infrared camera to measure the amount of heat radiating off the structure. They then compare the targeted structure to surrounding buildings or homes to gauge what they think should be the normal amount of heat emitted from a particular structure.

In some parts of Europe, the authorities don't even wait for a lead from an informant to give them the heads up, on a possible marijuana grow operation. They simply take to the air and use their high-tech surveillance camera and scan the roofs and walls of homes in residential areas and buildings. If a home is identified as a possible marijuana grow operation because of the heat radiating off the structure, that home or building becomes the target of further investigation and possibly a raid.

This technique may indeed be effective in detecting marijuana cultivation, but what about the people growing legal crops? What if someone is simply growing tomatoes or peppers, for example, are they themselves at risk of being monitored and possibly raided.

It's not possible for the authorities to determine "exactly" what is being cultivated in ones home, therefore, should the use of HID lamps be automatic grounds for search and seizure or surveillance of your property?

In my opinion, heat radiating from HID lamps is not probable cause to suspect marijuana cultivation. It does suggest one is probably growing plants indoors, however, the types of plants being grown are unknown. Therefore, determining that a person or household is using a HID lamp does not merit surveillance of that home or building.

Manufactures and retailers of infrared cameras advocate their use for searching for indoor marijuana cultivation. Sierra Pacific Corp., a supplier of infrared devices, displayed an image of a home utilizing HID lamps and gives a good idea what the surveillance looks like.

"Infrared image of indoor marijuana grow facility. The red shades of the image indicate hotspots emitted by the high energy sodium lights." - Sierra Pacific Corp.

URL of photo:
http://www.x20.org/library/thermal/IR_in_the_courts.htm

In my opinion, the image only shows various shades of reds. Yes, I can assume the use of HID lamps, but assuming marijuana cultivation would be stretching it to say the least.

Thermal Imaging manufactures and retailers sincerely believe that these devices do not violate the Fourth Amendment, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." - Law.cornell.edu (Cornell University)

As stated before, the thermal imaging devices cannot determine what crop is being cultivated inside a home or building. Detecting the heat emitted from these lamps should not merit probable cause considering these lamps are used and sold legally, other wise this would seem like entrapment. It’s important to stress the use of infrared, because in most cases that’s the final step before executing a warrant for search and seizure.