09-15-2007, 12:46 PM
Yes, sadly they can spy on a home from above, thanks to a Conservative Supreme Court. In Florida v. Riley --http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=488&page=445 --
the Court ruled that a helicopter circling at 400 feet above a residential backyard greenhouse was not engaged in a fourth amendment search at all! Therefore, no probable cause required. The cops had received a hot tip and flew a helicopter within 400 feet of a greenhouse located in the defendant's backyard. The defendant had not properly maintained the greehouse so a couple of panels were missing. The cops circled over it and circled over it and saw marijuana. To their credit, they obtained a warrant based on this information (instead of just rappelling down), and then searched the greehouse. Defendant arrested.
There is probably an outer limit to this. But if they are flying where a helicopter can fly and are within FAA regulations, the defendant will have an uphill battle. If it is highly unusual to see helicopters, then it might be regarded as more invasive, the citizen might be expected to have a greater expectation of privacy and a defendant might have a stronger argument. Perhaps that is why the D.E.A is so desperate to continue these overflights....to establish that pattern. Not sure.
If you get in a jam, don't rely on this. Consult a Hawai'i attorney, and good luck. It's a conservative court. And you know how angry conservatives get when the government gets in their face. Oh, wait. No they don't. Conservatives favor greater government intrusion in to the lives of private citizens.
They got it.
Enjoy your overflights.
Next over your yard: paragliders in uniform.
As for the officers, they are just doing their job and I will presume they are fine people until they prove otherwise.
In a world run by liberals and progressives, they would be reassigned to burglary, larceny, and domestic violence detail.
the Court ruled that a helicopter circling at 400 feet above a residential backyard greenhouse was not engaged in a fourth amendment search at all! Therefore, no probable cause required. The cops had received a hot tip and flew a helicopter within 400 feet of a greenhouse located in the defendant's backyard. The defendant had not properly maintained the greehouse so a couple of panels were missing. The cops circled over it and circled over it and saw marijuana. To their credit, they obtained a warrant based on this information (instead of just rappelling down), and then searched the greehouse. Defendant arrested.
There is probably an outer limit to this. But if they are flying where a helicopter can fly and are within FAA regulations, the defendant will have an uphill battle. If it is highly unusual to see helicopters, then it might be regarded as more invasive, the citizen might be expected to have a greater expectation of privacy and a defendant might have a stronger argument. Perhaps that is why the D.E.A is so desperate to continue these overflights....to establish that pattern. Not sure.
If you get in a jam, don't rely on this. Consult a Hawai'i attorney, and good luck. It's a conservative court. And you know how angry conservatives get when the government gets in their face. Oh, wait. No they don't. Conservatives favor greater government intrusion in to the lives of private citizens.
They got it.
Enjoy your overflights.
Next over your yard: paragliders in uniform.
As for the officers, they are just doing their job and I will presume they are fine people until they prove otherwise.
In a world run by liberals and progressives, they would be reassigned to burglary, larceny, and domestic violence detail.