Warrantless Aerial Surveillance of the Curtilage from Public Airspace Does Not Violate the Fourth Amendment: California v. Ciraolo, ____ U.S. _____, 106 S. Ct. 1809, 90 L. Ed. 2d 210 (1986)



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Texas Tech Law Review


After receiving a tip that Ciraolo was growing marijuana plants, police procured an airplane, flew over the property, and saw the plants. Subsequently, a search warrant was issued, the plants seized, and Ciraolo was arrested. The trial court allowed the evidence and Ciraolo was convicted. Eventually, the United States Supreme Court granted certiorari and determined that the warrantless, naked-eye aerial observation of areas within the curtilage does not constitute an unreasonable search under the fourth amendment.



Comment, California v. Ciraolo, Fourth amendment, Unreasonable search, Search warrants, Aerial surveillance, Public airspace


18 Tex. Tech L. Rev. 1063