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- LAW, Page 60Eyes in the SkyLow-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?"