Search by helicopter

August 9, 2013

  • 349 Searches and Seizures
  • 349I In General
  • 349k13 What Constitutes Search or Seizure
  • 349k20 k. Aerial Surveillance.

349 Searches and SeizuresLow-level police inspection of plaintiffs’ land by helicopter during drug eradication program was a “search” for purposes of Fourth Amendment, where helicopter passed directly over house at extraordinarily low level of 40 feet, it was flying in unsafe manner outside navigable airspace, it violated the National Guard policies and orders, it interfered with human activities not simply by noise but by following movements of family members and injuring their chattels, and it blew up dust and blew down branches.
Pew v. Scopino, 904 F. Supp. 18 (D. Me. 1995)