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Criminal Procedure Keyed to Chemerinsky
California v. Ciraolo
Citation:
476 U.S. 207 (1986)Facts
Ciraolo (Defendant) was prosecuted for growing marijuana in his backyard after police viewed the fields by flying a plane over his house at an altitude of 1,000 feet, without a search warrant. Police officers had received an anonymous tip that he was growing marijuana in his backyard, but because they were unable to observe the yard at ground level due to a fence, they secured a private plane and flew at a low altitude within navigable airspace. From there, the officers identified marijuana plants and photographed the area. At trial, Ciraolo argued that this evidence was illegally obtained in violation of the Fourth Amendment.
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