Florida v. Riley

488 U.S. 445 (1989)

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Nature of the Case

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Facts

A sheriff received an anonymous tip that marijuana was being grown on Riley's (D) property. They could not observe the greenhouse contents from public ground level so using their initiative the sheriff flew over D’s property in a helicopter, about 400 feet above the ground. They viewed D's partially covered greenhouse and observed marijuana plants inside. D was arrested. The trial court granted D’s motion to suppress the evidence. Although reversing, the State Court of Appeals certified the case to the State Supreme Court on the question whether the helicopter surveillance from 400 feet constituted a 'search' for which a warrant was required under the Fourth Amendment. Answering that question in the affirmative, the court quashed the Court of Appeals' decision and reinstated the trial court's suppression order. The Florida Supreme Court held that under the Florida Constitution, the state's (P) actions were a search under the Fourth Amendment and thus required a warrant. The U. S. Supreme Court granted certiorari.