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- LAW, Page 60Eyes in the Sky
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- Low-level searches pass muster
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- Even as the Supreme Court clamped strict limits on
- affirmative action last week, the Justices moved to scale back
- the right of privacy: by a 5-to-4 vote, the court ruled that
- police do not need a warrant to engage in low-altitude spying
- from a helicopter. The decision upheld the action of a Florida
- sheriff's officer who observed marijuana growing in a resident's
- greenhouse by circling over it at 400 ft. The court found that
- the police action violated no "reasonable expectation" of
- privacy, because overflights by helicopters at 400 ft. are not
- unlawful or unusual.
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- The high bench's ruling reinforced its increasingly narrow
- view of privacy. The Justices have already given police broader
- powers to search cars, inspect fenced-in fields and rummage
- through curbside household garbage without a warrant. Dissenting
- Justice William Brennan found the parallel between last week's
- decision and George Orwell's novel Nineteen Eighty-Four
- alarming. "In the far distance a helicopter skimmed down between
- the roofs," he quoted from the book, ". . . and darted away
- again with a curving flight. It was the Police Patrol, snooping
- into people's windows." Asked Brennan: "Who can read this
- passage without a shudder?"
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