Alaska Supreme Court rules law enforcement must have warrant to use aircraft, zoom lenses

Alaska Supreme Court ruled on Friday. Law enforcement requires a warrant before using an aircraft, binoculars, or a camera with a zoom lens to conduct surveillance around a home.

The Alaska Superior Court’s ruling states, “Because travel in small planes is so common in Alaska that passengers may peer into your yard and take photographs, law enforcement officers may do the same.” The report explains that there are people who claim that there is a sexual nature. Associated Press.

“We disagree,” the decision continued.

Friday’s ruling stems from a case dating back to 2012, when Alaska State Police learned from a tipster that John William McKelvey III was growing marijuana on his property north of Fairbanks, according to the Associated Press. He said he received information.

According to the ruling, McKelvey’s property was heavily wooded and had a driveway leading to a vacant lot with a house and greenhouse. Visibility above the building was limited by trees, and a gate prevented vehicle access.

According to the Associated Press, the court said two officers following the information drove past McKelvie’s property and used a camera with a high-power zoom lens to locate a greenhouse containing buckets of “unidentified plants.” He reportedly took a photo of. As a result of the tip and escape, a search warrant was obtained for McKelvey’s property. During the search, items including marijuana plants, methamphetamine, scales, a rifle and cash were discovered.

A lower court rejected McKelvey’s attempts to destroy evidence and found him guilty of third-degree criminal mischief for controlled substance and weapons offenses, according to the Associated Press. He appealed, saying the judge unfairly rejected his suppression motion.

The Court of Appeals subsequently reversed the original court’s decision, and the Last Frontier Supreme Court subsequently upheld the Court of Appeals’ decision.

“Alaska’s Constitution protects the right to be free from unreasonable search,” the Alaska Supreme Court’s ruling said, according to the Associated Press. “Given the fact that a random person might catch a glimpse of your garden while flying from one place to another, law enforcement officers take to the skies and look into private areas right outside your home. It’s not rational to train high-performance optical equipment in space. It’s a warrant.”

McKelvey’s attorney, Robert John, said the ruling is “an excellent decision that protects the privacy rights of Alaskans and, hopefully, sets an example for the rest of the country,” according to the Associated Press.

Attorney Robert John, who represents McKelvey, told The Hill that the ruling “A huge victory for the privacy rights of all Alaskans. ”

The Alaska Department of Justice also told The Hill it is reviewing the ruling.

The Hill reached out to the Alaska Department of Public Safety.