LR Drill Set 9, Question 12

DisagreementDifficulty2 of 5
The question

Logan: Infrared thermography, which creates images that indicate(91 more words not shown)

The dialogue provides the most(11 more words not shown)

Reading the argument

Logan sees a similarity: both methods examine something exposed to public scrutiny. If police may inspect the trash outside your building without a warrant, Logan thinks they should be able to inspect escaping heat without one too.

Morales sees a difference. You deliberately put the trash out. Heat generally escapes without your deliberately sending it out. So the fact that something can be observed from outside doesn't necessarily make these two situations alike in the way Logan needs.

Be careful about how far Morales goes. Morales doesn't explicitly announce a rule requiring a warrant for heat detection. The response challenges this reason for dispensing with a warrant. Someone could reject Logan's comparison and still support warrantless heat detection for some other reason.

What we’re looking for

We're asked where the speakers disagree. I'd predict the adequacy of the analogy: does examining discarded trash provide a good enough comparison to justify heat detection without a warrant? That's narrower than deciding the ultimate legal question ourselves.

Working the answers

  • A

    Detecting different activities doesn't settle whether the analogy justifies the same warrant rule. Neither speaker makes a claim about which specific activities one method can detect and the other cannot. They discuss public exposure and intentional disposal, not comparative investigative capabilities.

  • B

    The method could be effective at detecting crime whether or not a warrant should be required. Morales never argues that the technology doesn't work. Challenging the justification for warrantless use is different from challenging its practical effectiveness.

  • C

    Logan says police don't need a warrant to inspect discarded trash. Morales doesn't deny that or call for a different rule about trash. The response points out why trash might be treated differently from escaping heat, so we don't have two opposing positions on C.

  • D
    Correct

    Logan relies on the trash comparison to justify using infrared thermography without a warrant. Morales objects that the comparison overlooks a relevant difference: intentional disposal versus generally unintentional escape.

    Logan's argument treats the analogy as adequate; Morales's response challenges its adequacy. We can identify that disagreement without attributing a complete warrant policy to Morales that the response never states.

  • E

    Morales says escaping heat is generally unintentional. But Logan doesn't say it is intentional. Logan's stated similarity is that the heat and trash are open to public scrutiny, which could be true whether or not the heat was intentionally released. An explicit position from one speaker isn't enough when the other speaker's position on that claim is unknown.

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