Aerial Search in Bucks County Criminal Cases

Law enforcement in Bucks County and in other places occasionally search property by aerial view.  Typically, these searches are in relation to growing operations that would be visible from the sky.  

But, is it legal?  Is it an illegal search per the Fourth Amendment?  Should your Bucks county criminal defense lawyer file a Motion to Suppress?  Is there a reasonable expectation of privacy from the air?  

Florida v. Riley is the most important case in this line of questioning.  It is a U.S. Supreme Court Case.  The case involved Florida sheriff's flying above a defendant's property by 400 ft. to observe a greenhouse.  The Supreme Court decided that Mr. Riley did not have a reasonable expectation of privacy from that height of observance and the search did not violate his Fourth Amendment rights.  Therefore, a warrant was not needed.  

The Supreme Court Weigh In

So, is 400 ft. the test?  The Supreme Court did not make that the only requirement.  It states, 

As far as this record reveals, no intimate details connected with the use of the home or curtilage were observed, and there was no undue noise, no wind, no dust, or threat of injury. In these circumstances, there was no violation of the Fourth Amendment.

What the Supreme Court seems to be indicating is that if the search is, for lack of better terms, obnoxious, then it may be unreasonable.  If the flyover is lower than 400 feet, kicks up debris, and makes a ton of noise, you may have grounds for an illegal search.  Details always matter in criminal cases and this issue is no different.