California+v.+Ciralo

policemen heard a tip from somebody about marijuana being grown in Ciraolos back yard. The policemen went to his house to try to see in the back yard but the fence was to high and hard to see through. So they had a private plain fly over at 1000 feet and saw the marijuana patch. Then they were able to arrest the man. Well first they needed the warrent, and they got it. Then they arrested the man because the observation they made from the plain.

Question: Is it a violation of the fourth amendment to fly over and look for marijuana plants?

Decision: No

Reason: The fourth amendment is the rights of privacy. I is also a protection of the home. how ever it has never been extended to give law enforcements to cover there eyes while passing homes.