Florida Versus Riley Flashcards
0
Q
Issue
A
Whether the naked eye observations on a curtilage from 400 feet in a helicopter constitute a search.
1
Q
Facts of the case
A
Received an anonymous tip the defendant was growing marijuana. Deputy saw a greenhouse behind the mobile home. Could not see inside. Could see part of the roof was missing. Ofc. flew over the curtilage at 400 feet in helicopter. Saw marijuana inside greenhouse with his naked eye. Search warrant was obtained.
2
Q
Held
A
No the government may use airspace consistent with public use.
3
Q
Discussion
A
The Supreme Court had previously approved flying a fixed wing aircraft at 1000 feet over curtilage. Aircraft was in public airspace and complied with FAA regulations. Therefore no reasonable expectation of privacy existed.
