California v. Sabo et al.

Summary

The United States Supreme Court denied certiorari in a California case involving helicopter surveillance of marijuana plants within a backyard greenhouse. The Court's order noted that the California Court of Appeal had held the observation violated the Fourth Amendment, while Justice White, joined by the Chief Justice, dissented and would have granted review.

Holdings

1. The petition for a writ of certiorari was denied.

Questions Presented

1. Whether the Supreme Court should grant certiorari to review the California Court of Appeal's holding that helicopter observation of marijuana plants in a backyard greenhouse violated the Fourth Amendment.
2. Whether the California Court of Appeal properly distinguished California v. Ciraolo based on the helicopter's altitude and the concept of navigable airspace.

Disposition

cert_denied