People v. Mayoff

In People v. Mayoff (1986) 42 Cal.3d 1302, officers were conducting aerial surveillance of defendant's property from an altitude of at least 1,000 feet, when one noticed what he believed to be marijuana. (Mayoff, supra, at p. 1309.) Another officer photographed the suspicious vegetation, the surrounding area, and two trailers on the property and then sought and was issued a search warrant of the property. (Ibid.) Defendant argued that probable cause for the issuance of the warrant was not established since it was impossible to identify marijuana plants from altitudes of 1,000 feet above the ground. (Id. at p. 1319.) The California Supreme Court upheld the search, reasoning that the officers were allowed to use their experience in marijuana detection and their common sense to form their opinions. (Id. at p. 1320.)