CASE 8.1 in the Rural Appalachian Mountains, Two Locals Are Known as Known

question 47

Multiple Choice

CASE 8.1
In the rural Appalachian Mountains, two locals are known as possible marijuana growers. The police have been conducting surveillance on the two men for over six months and have found no visual evidence of the production or possession of an illegal substance. Having exhausted all other avenues, answer the following questions to determine the legality of the police activities.
-The use of surveillance aircraft in a flyover is used and detects over five hundredmarijuana plants growing in a field next to the dwelling. This action is:

• A)Upheld by Oliver v. United States, which states that Fourth Amendment protectiondoes not apply to open fields.
• B)Illegal based on the court ruling of Pleasanton v. United States, which protectsany adjacent fields or dwellings with fifty yards of a residence.
• C)Legal because of the probable cause obtained by the flyover.
• D)Illegal based on the Terry v. Ohio court decision protecting curtilage.

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