The police received an anonymous phone call that a man was illegally growing marijuana in a back room of his house. One evening, the police set up a thermal imaging device on the outside wall of the back room. After gathering sufficient evidence that marijuana was being grown, the police entered the home without an arrest warrant. They placed the man under arrest and seized the marijuana. The evidence was presented before a grand jury which returned an indictment for unlawful possession of marijuana. Before the man was brought to trial, his attorney moved to dismiss the indictment, claiming the man's arrest and the seizure violated the man's Fourth Amendment rights. Will the defense motion be likely to succeed?
1) Yes, because an anonymous phone call is insufficient to provide probable cause to search.
2) Yes, because use of the thermal imaging device violated the man's reasonable expectation of privacy.
3) No, because the marijuana was seized incident to a valid arrest.
4) No, because the indictment was properly issued.