Looks like planes won't be searchin NM for okra fields this year.
Supreme court: Helicopter search that led to pot conviction was illegal
The New Mexico Supreme Court ruled that surveillance from a helicopter that led to the conviction of a Northern New Mexico man for growing marijuana was illegal under the United States Constitution.
The difference was that in this case, Davis and others in the area reported that the helicopter was flown at such an altitude to cause a disturbance to property, including noise, flying dust and even some property damage.
“[W]hen low-flying aerial activity leads to more than just observation and actually causes an unreasonable intrusion on the ground—most commonly from an unreasonable amount of wind, dust, broken objects, noise, and sheer panic—then at some point courts are compelled to step in and require a warrant before law enforcement engages in such activity,” the opinion states. “The Fourth Amendment and its prohibition against unreasonable searches and seizures demands no less.”
Neighbors reported the downdraft from the helicopters broke four-by-four beams and a solar panel.
http://nmpoliticalreport.com/17265/supreme-court-helicopter-search-that-led-to-pot-conviction-was-illegal/
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