Pubdate: Fri, 28 Mar 2008
Source: Burlington Free Press (VT)
Copyright: 2008 Burlington Free Press
Contact: http://www.burlingtonfreepress.com/letters.shtml
Website: http://www.burlingtonfreepress.com/
Details: http://www.mapinc.org/media/632
Bookmark: http://www.mapinc.org/pot.htm (Marijuana)

VT. SUPREME COURT OVERTURNS FELONY MARIJUANA CONVICTION

MONTPELIER -- The Vermont Supreme Court today ruled  that a helicopter
surveillance of a man's property  during a marijuana investigation
violated his  constitutional right to privacy that includes the
airspace above a person's home and property.

The case involved a man who was convicted of felony  possession and
cultivation of marijuana.

In the 4-1 decision, the court concluded that the  National Guard
helicopter that flew over the man's  property in the Goshen area to
detect marijuana  cultivation flew too low -- at 100 feet above the
groud  for up to 30 minutes -- and was "an unreasonable  intrusion of
privacy that triggers constitutional  protection."
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MAP posted-by: Richard Lake