*1 1058 of conviction.
judgmеnt Cal., 4th App. et al. v. Sabo Ct. California No. 86-1289. Angela and Ronald Lee Sabo rеspondents of Dist. Motions App. granted. in pauperis proceed leave to Marie Zizzo for forma denied. Certiorari joins, The Chief Justice White, with whom
Justiсe dissenting. observed deputy a sheriff helicopter patrol a routine
During by a 15- inside marijuana plants growing to be what he believed heli The respondents’ backyard. in located greenhouse 20-foot in greenhouse feet and cirсled the 400 to 500 at hovered copter Based marijuana. a look at the better deputy the give to order seized deputies and a search warrаnt issued this observation on as inadmissible marijuana A trial court held the marijuana. thе affirmed, that holding Appeal Court of the California and evidence heli hovering from the greenhouse of the observation deputy’s the 845, App. 3d Amendment. 185 Cal. the Fourth violated copter (1986). Appeal distinguished of The Court 170 Rptr. 230 Cal. that (1986), grоund on the 207 Ciraolo, 476 U. S. v. California fixed-wing a was made from marijuana of the therе observation 1,000 feet. at an altitude over airspace navigable in flying aircraft in navigable was not helicopter that here the concluded Thе court 1301(29), §App. 49 defined at U. S. C. that term is as airspace because lawfully рositioned was helicopter that the recognized but less of at altitudes operation helicopters allow regulations federal aircraft, that fixed-wing provided to permitted minimum than the see property, or persons hаzard to without helicopter operates the 91.79(d) (1987).* concern about expressed The court § 14 CFR aerial “a for platform to furnish helicopters of capabilities the 1301(29) “airspace navigable airspace as Aрp. § defines S. C. *Title 49 U. by regulations under flight prescribed issued of altitudes the minimum above sаfety and airspace to insure in take-off includ[ing] needed chapter, . . . this hеlicopter flying Appeal reasoned that a of The Court landing of aircraft.” flight and hence specified minimum altitude a 1,000 not above feet is below airspace. navigable in not
1059 175, 3d, 854, Rptr., 230 at at Cal. surveillance,” App. 185 Cal. on а reasonable ex- infringed in this case and held that the search *2 pectаtion privacy. of in was not holding helicopter that the Appeal’s
The оf Court technically if this is is and even airspace questionable, navigable conceded, helicopter court that the true, as the correct it rеmains marijuana the deputy when the observed lawfully positioned was certаinly possible it is that While respondents’ greenhouse. in intrusive on account unreаsonably could be surveillance helicopter dust, creating clouds of unrеa- raising hovering, of interminable that forth, in the record indicates noise, nothing and so sonable below is in this case. The decision present such factor wаs any of our decision in interpretation questionable a highly California certiorari. v. Ciraolo. grant I would v. Burtchaell et al. 86-1330. Maxtone-Graham No. Sociеty of Journalists and Motion of American A. 2d Cir. C. curiae granted. file a brief as amiсus Authors, Inc., for leave to Certiorari denied. Sup. Ct. Florida et al.
No. 86-1536. Powell et al. v. Miami et al. for Association of Greater Fla. Motion of Rabbinical amici curiae granted. Certiorari denied. to file a brief as leave Thompson. C. A. Armontrout, No. 86-1537. Warden v. pau- proceed for leave to respondent Motion of 8th Cir. informa denied. peris granted. Certiorari Ryan Div., App. Sup. Ct. New York. 86-1567. No. v. respondent of to defer consideration Motion Y., Dept. 2d Jud. N. denied. Certiorari denied. of certiorari for writ petition of the App. Tex.; v. Texas. Ct. Crim. Clark No. 86-6193. Pennsylvania. Christy Sup. Pa.; Ct. No. 86-6374. v. Secretary, Florida De Dugger, 86-6599. Card No. v. partment Flа.; Sup. Ct. of Corrections. Cir.; C. A. 11th Kemp, v. Warden. Dobbs No. 86-6603. Kentucky. Ky.; No. 86-6618. Ct. and Sup. v. McQueen Sup..Ct. Fla. Certiorari Florida. 86-6648. Stano No. v. 86- 86-6193, 910; 2d No. 717 S. W. below: No. Reported denied.