Aerial Surveillance: Do You Need a Warrant?

Imagine that you lived in a house with a relatively private backyard: fences on all three sides, trees around the perimeter, and no easy way for the neighbors to peek in. Say you're out there playing with your kids, or sunbathing, or consummating a romantic encounter in a hot tub that, let's be honest, you rarely use. If I, intrepid journalist, were to appear overhead in a helicopter with the specific intent of peering down onto your property, you'd be justified in thinking that I violated your reasonable expectations of privacy. But your common-sense notions would be at odds with America's mixed-up Fourth Amendment jurisprudence.

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