State v. QuidayAnnotate this Case
Aerial surveillance of the curtilage of a private residence conducted for the purposes of detecting criminal activity thereupon qualifies as a “search” within the meaning of Haw. Const. art. I, 7.
In this case, three helicopter flyovers of Defendant’s residence led to a police officer’s naked eye observation of two rows of potted marijuana plants growing in the curtilage of Defendant’s house. Defendant filed a motion to suppress, arguing that the aerial search violated his reasonable expectation of privacy. The circuit court denied the motion to suppress. The intermediate court of appeals (ICA) vacated the circuit court’s order denying Defendant’s motion to suppress evidence, concluding that the circuit court erred in concluding that Defendant did not have a reasonable expectation of privacy in the area surrounding his house from aerial surveillance. The Supreme Court affirmed, holding (1) the police officer conducted unconstitutional, warrantless searches in contravention of Defendant’s rights under Haw. Const. art. I, 7; and (2) therefore, the evidence obtained during the execution of the search warrant, which was based on the officer’s observations during his aerial reconnaissance missions, was the fruit of the poisonous tree.