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TIME: Almanac 1990
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1990 Time Magazine Compact Almanac, The (1991)(Time).iso
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time
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020689
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02068900.005
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1990-09-17
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LAW, Page 60Eyes in the SkyLow-level searches pass muster
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.
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?"