Pubdate: Fri, 23 Oct 2015
Source: Albuquerque Journal (NM)
Copyright: 2015 Albuquerque Journal
Contact:  http://www.abqjournal.com/
Details: http://www.mapinc.org/media/10

COURT: POT RAID UNCONSTITUTIONAL

The New Mexico Supreme Court, taking up a controversial 2006 
marijuana raid for a second time, ruled Monday that a warrantless 
aerial search was unconstitutional because a low-flying helicopter - 
said to have damaged property, kicked up dust and raised a panic - 
was too intrusive.

The court didn't rule out all aerial searches, citing case law 
supporting searches using aircraft flying at "navigable" altitudes of 
400 feet or higher and with little impact on the ground.

The 2006 raid, part of a State Police operation, netted 14 pot plants 
from Norman Davis' rural Taos County home.
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