The police helicopter was flying at about 400 hundred feet when it passed over Mark’s yard. The passenger in the helicopter, also a police officer, looked down and saw marijuana growing in a greenhouse that was in Mark’s fenced back yard, located about 10 yards from Mark’s house. The police officer took photos of the marijuana, which she then used to obtain a search warrant. The police executed the warrant and seized the marijuana. Can the evidence be used against Mark at trial?

Question

a. Yes, because the evidence relied on to obtain the warrant, while located in the curtilage of Mark’s home and in a fenced yard, was in plain view of the police officer when the officer flew over the home.
b. Yes, because the marijuana was in an open field, and Mark had no reasonable expectation of privacy in the open field.
c. No, because the greenhouse was located in the curtilage of Mark’s home, where Mark had a reasonable expectation of privacy, prompting the need for a warrant before the area could be searched.
d. No, because the warrant lacked probable cause, and the search was illegal under the Fourth Amendment.

Answer 1

a. Yes, because the evidence relied on to obtain the warrant, while located in the curtilage of Mark’s home and in a fenced yard, was in plain view of the police officer when the officer flew over the home.