Dean v. Superior Court

In Dean v. Superior Court (1973) 35 Cal.App.3d 112, the police officers made several flights over defendant's land at altitudes ranging from 300 to 700 feet and by using binoculars they observed a growing marijuana plantation. In upholding the constitutional validity of the overflights and the seizure of evidence by virtue of a warrantless search, the court first pointed out that: "One who establishes a three-quarter-acre tract of cultivation surrounded by forests exhibits no reasonable expectation of immunity from overflight. The contraband character of his crop doubtless arouses an internal, uncommunicated need for secrecy; the need is not exhibited, entirely subjective, highly personalized, and not consistent with the common habits of mankind in the use of agricultural and woodland areas. Aside from an uncommunicated need to hide his clandestine activity, the occupant exhibits no reasonable expectation of privacy consistent with the common habits of persons engaged in agriculture. The aerial overflights which revealed petitioner's open marijuana field did not violate Fourth Amendment restrictions," then concluded that: "When the police have a plain view of contraband from a portion of the premises as to which the occupant has exhibited no reasonable expectation of privacy, there is no search in a constitutional sense; the evidence so displayed is admissible." ( Dean v. Superior Court, supra, at pp. 117-118.)