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Criminal Procedure Keyed to Ohlin
California v. Ciraolo
Citation:476 U.S. 207 (1986)
On September 1982, Santa Clara Police received an anonymous telephone tip that marijuana was growing in respondent’s backyard. Police were unable to observe the contents of respondent’s yard from ground level because of a fence completely enclosing the yard. Later that day, Officer Shutz secured a private plane and flew over respondent’s house at an altitude of 1,000 feet, within navigable airspace. From the flight, the officers readily identified marijuana plants 8 feet to 10 feet in height growing in respondent’s yard; they photographed the area. Officer Shutz only then obtained a search warrant on the basis of an affidavit describing the anonymous tip and their observations; a photograph depicting respondent’s house and the backyard was attached. With the warrant, 73 plants were seized.
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