California+v.+Ciralo

Background: In this case police in Santa Clara California were tipped off that Dante Ciralo had been growing marijuana plants in his back yard but were hidden by fences surrounding the property. The police then sent a private plane to fly over the property and look without a warrant. The plants were visible to the naked eye and were used as evidence in the case. This was the factor that was debated because the police did not have a warrant.

The majority opinion was that since the plane was high enough (1,000 ft) and the skies are not unlawful for an investigation. Also since the plane was considered public transportation and since it was visible to the naked eye it was lawful.

The others thought that it was in violation if his fourth amendment right and should not be used in the case. They stated that normal plane travelers would only get a glimpse of a back yard and this is more of an actual investigation other than just looking over the yard.