California v. Ciraolo

SCOTUSCase
Litigants=California v. Ciraolo
ArgueDate=December 10
ArgueYear=1985
DecideDate=May 19
DecideYear=1986
FullName=California v. Ciraolo
USVol=476
USPage=206
Citation=476 U.S. 206
Prior=Pled guilty in trial court; reversed by California Court of Appeal
Holding=The Fourth Amendment was not violated by the naked-eye aerial observation of respondent's backyard.
SCOTUS=1981-1986
Majority=Burger
JoinMajority=White, Rehnquist, Stevens, O'Connor
Dissent=Powell
JoinDissent=Brennan, Marshall, Blackmun
LawsApplied=U.S. Const., amend. IV

California v. Ciraolo, ussc|476|206|1986, was a case decided by the United States Supreme Court, in which it ruled that warrantless aerial observation of a man's backyard did not violate the Fourth Amendment to the United States Constitution.

Background

The respondent, Dante Carlo Ciraolo, grew marijuana plants in his backyard, shielded from view by two fences. After receiving an anonymous tip, the Santa Clara police sent officers in a private airplane to fly over and photograph his house at an altitude of 1,000 feet. On the evidence of an officer's naked eye observation, a search warrant was granted. When the trial court rejected Ciraolo's motion to suppress the evidence (under the exclusionary rule), he pleaded guilty. The California Court of Appeal reversed the decision, holding that the aerial observation violated the curtilage of his home and therefore the Fourth Amendment.

The Court's decision

Chief Justice Warren Burger wrote for the 5-4 majority, referring to "Katz v. United States". He concluded, "The Fourth Amendment simply does not require the police traveling in the public airways at this altitude to obtain a warrant in order to observe what is visible to the naked eye."

Dissent

Justice Powell wrote for the minority. Also citing "Katz", he argued that the decision ignored that case's two-part test.

ee also

*List of United States Supreme Court cases, volume 476