The Alaska Supreme Court ruled on Friday that law enforcement must have a warrant before using aircraft and binoculars or cameras with zoom lenses to watch areas around houses.
The decision by Alaska’s high court states that some people argue that because small planes are common in Alaska, and any passenger might look into your yard and take a picture, law enforcement can do the same, according to The Associated Press.
The decision disagrees with this argument.
The ruling on Friday is based on a case from 2012 when Alaska State Troopers received a tip that John William McKelvey III was growing marijuana on his property north of Fairbanks, as reported by the AP.
McKelvey’s property was heavily forested with a driveway leading to a clearing containing a house and a greenhouse, according to the ruling. Trees restricted the view of the buildings from the ground, and a gate stopped cars from entering.
Two troopers investigated the tip by flying past McKelvey’s property and using a camera with a high-power zoom lens to take photos of the greenhouse containing buckets with unidentified plants, according to the court and the AP. A search warrant for McKelvey’s property was obtained as a result of the tip and flight. During the search, marijuana plants, methamphetamine, scales, a rifle, and cash were found.
McKelvey tried to have the evidence suppressed, but a lower court denied his attempt. He was then convicted of third-degree misconduct related to a controlled substance and a weapons misconduct count. He appealed, claiming the judge had wrongfully denied his motion to suppress.
An appeals court later reversed the original court’s decision, which the highest court in Alaska affirmed.
The Alaska Supreme Court ruling states, according to the AP, that “The Alaska Constitution protects the right to be free of unreasonable searches. The fact that a random person might catch a glimpse of your yard while flying from one place to another does not make it reasonable for law enforcement officials to take to the skies and train high-powered optics on the private space right outside your home without a warrant.”
McKelvey's attorney, Robert John, said the ruling is a “significant decision to safeguard the privacy rights of Alaskans and hopefully set an example for the rest of the country,” according to the AP.
An attorney Robert John, who represents McKelvey, told The Hill in a statement that the ruling is a “major win for the privacy rights of all Alaskans.”
The Alaska Department of Law also told The Hill it is reviewing the ruling.
The Hill has reached out to the Alaska Department of Public Safety.
