cannabisnews.com: Court: Flyover Sufficient for Search Warrant Court: Flyover Sufficient for Search Warrant Posted by FoM on May 12, 2001 at 08:45:21 PT By David Gram, Associated Press Source: Burlington Free Press In a split decision, the Vermont Supreme Court on Friday relaxed the requirements police officers must meet when they seek a search warrant after spotting what could be marijuana plants from the air. The two justices who dissented from the decision, John Dooley III and Denise Johnson, said they feared the result would be ''unnecessary and mistaken home searches, with a clear invasion of the privacy of Vermont homeowners.'' In a case arising out of Addison County, the three-member court majority said it was OK for State Police Trooper Chris Campbell to be given a search warrant after spotting plants he thought were ''consistent in color, shape and texture'' with marijuana from 525 to 600 feet in the air. Campbell and other officers later went to a property next to the plot where they had seen the plants and got better confirmation that they were marijuana before seeking a search warrant. The property owner was later charged with possession and cultivation of marijuana. The lower court rejected the grounds for the search warrant related to the observations the officers made from the ground. But it granted the warrant based on the aerial search alone, and that's what prompted the debate between the justices. The majority, composed of Chief Justice Jeffrey Amestoy and Associate Justices James Morse and Marilyn Skoglund, labeled ''hypertechnical'' the defense's claim that Campbell wasn't sure enough the plants were marijuana based on the flyover alone. The majority said past cases have determined that a search warrant can be issued when ''a person of reasonable caution would conclude that a crime has been committed and that evidence of the crime will be found in the place to be searched.'' The minority opinion, written by Dooley, cited past cases in which police officers have mistaken other plants for marijuana and been granted search warrants. In one Oregon case, police thought they saw marijuana through a window, got a search warrant, found the suspect plants to be common house plants but charged the person anyway based on marijuana found in the basement. The defense won that case. Source: Burlington Free Press (VT)Author: David Gram, Associated PressPublished: May 11, 2001Copyright: 2001 Burlington Free PressContact: letters bfp.burlingtonfreepress.comWebsite: http://www.burlingtonfreepress.comCannabisNews Justice Archiveshttp://cannabisnews.com/news/list/justice.shtml Home Comment Email Register Recent Comments Help Comment #6 posted by kaptinemo on May 12, 2001 at 11:48:22 PT: Get their damn' N-numbers! Dave in Florida is quite right. I used to be a Flight Officer with the CAP, and there'd be Hell to pay if we went below the proscribed altitude over population.All civilian aircraft are supposed to have registration numbers beginning with the letter "N" in plain sight on their fusilage and wings. If they are flying too low, try to see what it is.Even better, have a camcorder ready, note where you are standing and what direction you are facing, and try to catch an image of the aircraft with something in the background. This enables you to get perspective and altitude, so there's no guess work.They know they aren't supposed to go below a certain altitude. But like so many things antis do, they always try to get away with breaking the laws they are supposed to uphold. So typical. [ Post Comment ] Comment #5 posted by FoM on May 12, 2001 at 10:15:27 PT My 2 cents We've had helicopters fly slow low that when I had horses and they were out in the pasture they would freak out and run and run and then I would need to go settle them down. I have had horses spooked with young riders on them and I would tell the kids to get off the horse for safety reasons. It's wrong what we are doing and for many reasons.Spying on people's homes is immoral. That is the only place in this crazy world we live in where we should be able to find a sanctuary. That is freedom and nothing less then that constitutes true freedom in my book. Drug Policy Links [ Post Comment ] Comment #4 posted by Dave in Florida on May 12, 2001 at 10:05:57 PT Flying to Low Trooper Chris Campbell to be given a search warrant after spotting plants he thought were ''consistent in color, shape and texture'' with marijuana from 525 to 600 feet in the air. FAA regulations state that over populated areas aircraft must maintain a minimum of 1000 feet above the surface. Over unpopulated areas the minimum altitude is 500 feet. [ Post Comment ] Comment #3 posted by sm247 on May 12, 2001 at 09:24:11 PT Lol JR lol J.R. Hobs good one that one made my day. The minority opinion, written by Dooley, cited past cases in which police officers have mistaken other plants for marijuana and been granted search warrants. In one Oregon case, police thought they saw marijuana through a window, got a search warrant, found the suspect plants to be common house plants but charged the person anyway based on marijuana found in the basement. The defense won that case. ..and what in the hell gave them the right to look in htis persons basement???Could they look under the bed from the helicoptor too?????Just how many feet above a persons home is it till you leave the property owners domain into public domain??? [ Post Comment ] Comment #2 posted by Cuzn Buzz on May 12, 2001 at 09:17:52 PT: Duh...... Consistent with marijana from 600 feet in the air?So is 3/4 of the planet that aint covered with sand, water, or buildings.Next they'll want a warrant based on the fact that your house has running water, and EVERYONE knows running water can be diverted to use for MARYJOEWARNER!!!!!To support this they will also claim they had on previous occassions noticed that the residents of this house (they may call it a compound, house, or structure...but never a home)were seen to be smiling in public...a KNOWN warning sign of cannabis use!"Somebody give me a break"-David Lee RothFollow this link to a story which you will find distressing.We have allies ANDWe ARE winning!http://sightings.com/general10/outsourced.htm [ Post Comment ] Comment #1 posted by J.R. Bob Dobbs on May 12, 2001 at 09:11:52 PT Throw your seeds on a politician's lawn!! I've often considered stringing up a gigantic series of heat lamps in my attic in such a way that helicopters flying overhead with thermal imaging devices would see a big glowing middle finger... http://www.pot-tv.net/ [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: