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Criminal Procedure Keyed to Allen
Florida v. Riley
Citation:
488 U.S. 445 (1989).Facts
The Defendant, Riley, lived in a mobile home on rural property in Pasco County, Florida. About 10 to 20 feet behind the mobile home was a greenhouse. The contents of the greenhouse were obscured from view from surrounding property. A wire fence surrounded the property and a “DO NOT ENTER” sign was posted.
The Pasco County Sheriff’s office received an anonymous tip that marijuana was being grown on the property. Upon investigation, an officer discovered he could not see the contents of the greenhouse from the road. The officer then flew over the Defendant’s property twice in a helicopter at a height of 400 feet and with his naked eye was able to see through the openings on the roof and sides of the greenhouse and identify what he believed to be marijuana growing inside. Based on this observation, a warrant was obtained and the subsequent search revealed marijuana growing in the greenhouse.
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