The Alaska Supreme Court ruling dates to a case in 2012 in which troopers used aircraft to surveil a property where marijuana was suspected to be growing in a greenhouse.
JUNEAU, Alaska — Alaska law enforcement officers must obtain a warrant before using aircraft to scope out the area around a person's home with binoculars or cameras with zoom lenses, the state's highest court ruled in a decision released Friday. The Alaska Supreme Court ruling comes in a case that dates to 2012, when Alaska State Troopers received a tip from an informant that John William McKelvey III was growing marijuana on his property in a sparsely populated area north of Fairbanks.
According to the ruling, McKelvey's property was heavily wooded, with a driveway leading to a clearing where a house and greenhouse were located. Trees blocked the ground-level view of the buildings from outside the clearing, and a gate blocked cars from entering.
Robert John, an attorney for McKelvey, called the ruling a 'tremendous decision to protect the rights of privacy of Alaskans and hopefully set an example for the rest of the country.' The Department of Law did not immediately respond to an email seeking comment.
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