problems with evidence

The latest development in investigating driving while intoxicated is the Passive Alcohol Sensor (PAS). This flashlight with a built-in breathalyzer enables an officer to analyze a driver’s breath without the driver’s participation or consent.

1. Does use of this device, which could be called a “sense –enhancingdevice because it enables an officer to sense something not otherwise possible without the device, constitute a search under United States v. Kyllo? WHY OR WHY NOT?

 

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