0000001804 00000 n First, the actual risk to privacy from commercial or pleasure aircraft is virtually nonexistent. The *213 protection afforded the curtilage is essentially a protection of families and personal privacy in an area intimately linked to the home, both physically and psychologically, where privacy expectations are most heightened. ��:n%fݵ�N����A��l���L���o�i&�6�ߤ[�B�\��4cDB�hK���Q#\�p�p The State analogizes its mode of observation to a knothole or opening in a fence: if there is an opening, the police may look. Respondent contends that the police intruded on his constitutionally protected expectation of privacy when they conducted aerial surveillance of his home and photographed his backyard without first obtaining a warrant. [3] In Dow Chemical Co. v. United States, post, p. 227, decided today, we hold that the use of an aerial mapping camera to photograph an industrial manufacturing complex from navigable airspace similarly does not require a warrant under the Fourth Amendment. The ensuing search of the premises resulted in seizure of 73 marijuana plants. No. The important focus of this case revolved around determining the impact of technological advancement on the ability of law enforcement to conduct search and seizure. 367 0 obj Police were unable to observe the contents of respondent's yard from ground level because of a 6-foot outer fence and a 10-foot inner fence completely enclosing the yard. 0000000016 00000 n Both officers were trained in marijuana identification. The fly-over confirmed the presence of marijuana. Terms of Use, California v. Ciraolo - Unresonable Search And Seizure, Law Library - American Law and Legal Information, Notable Trials and Court Cases - 1981 to 1988, California v. Ciraolo - Significance, Unresonable Search And Seizure, The Liability Of Open Airspace, Impact. On September 2, 1982, Santa Clara Police received an anonymous telephone tip that marijuana was growing in respondent's backyard. "[6]United States v. LaBerge, 267 F. Supp. The local court found the accused guilty of illegal cultivation of marijuana, but the California Court of Appeals reversed that decision. 0000027679 00000 n [1] The history and genesis of the curtilage doctrine are instructive. 0000006050 00000 n 359 0 obj The police then obtained a search warrant, seized 73 plants on the next day, and arrested Ciraolo who then pleaded guilty to the cultivation of marijuana. Therefore, contrary to the Court's suggestion, ante, at 213, people do not " `knowingly expos[e]' " their residential yards " `to the public' " merely by failing to build barriers that prevent aerial surveillance. 0 [1] The warrant authorized Shutz to search the home and its attached garage, as well as the yard, for marijuana, narcotics paraphernalia, records relating to marijuana sales, and documents identifying the occupant of the premises. endobj This case involves surveillance of a home, for as we stated in Oliver v. United States, the curtilage "has been considered part of the home itself for Fourth Amendment purposes." and its Licensors Argued Dec. 10, 1985. On this record, we readily conclude that respondent's expectation that his garden was protected from such observation is unreasonable and is not an expectation that society is prepared to honor.[2]. Written and curated by real attorneys at Quimbee. Second, is society willing to recognize that expectation as reasonable? 369 0 obj Written and curated by real attorneys at Quimbee. 1967); see United States v. Van Dyke, 643 F.2d 992, 993, n. 1 (CA4 1984). on Appeal 5-8 (Aug. 15, 1983). Indeed, since Katz the Court has required warrants for electronic surveillance aimed at intercepting private conversations. . App. The indiscriminate nature of aerial surveillance, illustrated by Officer Shutz' photograph of respondent's home and enclosed yard as well as those of his neighbors, poses "far too serious a threat to privacy interests in the home to escape entirely some sort of Fourth Amendment oversight." Examining the particular method of surveillance undertaken, the court then found it "significant" that the flyover "was not the result of a routine patrol conducted for any other legitimate law enforcement or public safety objective, but was undertaken for the specific purpose of observing this particular enclosure within [respondent's] curtilage." After the trial court denied respondent's motion to suppress the evidence of the search, respondent pleaded guilty to a charge of cultivation of marijuana. 0000011981 00000 n It was the officer's observation, not the photograph, that supported the warrant. The Court was split by divided opinions: five justices held the opinion that the respondent's Fourth Amendment rights were violated, and four justices held the dissenting opinions. "What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection." It held this focused observation was "a direct and unauthorized intrusion into the sanctity of the home" which violated respondent's reasonable expectation of privacy. "[4]Oliver v. *220 United States, 466 U.S. 170, 182 (1984). however, in California v. Ciraolo, has considerably weakened this important interpretative devise.10 In Ciraolo" the Court addressed the issue of whether the purposeful aerial surveillance of a fenced-in residential backyard constituted a search under the fourth amend-

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