one day, police got an anonymous phone call. It was a tip that marijuana was growing in someone’s backyard. This back yard was enclosed by two fences and was high enough to be shielded if someone were to look from ground level. The officers then retrieved a private plane, which then flew over the suspected house at around 1000 feet in altitude. It was then discovered that the tip was correct and there was in fact marijuana plants growing in the backyard. They issued a search warrant based on the clear observations from the plane and a photograph being taken from the plane. A search warrant was later obtained based on one of the officer’s naked-eye observations; a photograph of the surrounding area taken from the airplane was attached as an exhibit. After the warrant was executed, the plants were seized from the yard. The defendant tried to suppress the evidence but was denied. So, he plead guilty to the charge of growing marijuana.


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