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PEOPLE v. MESSERVY

Docket No. B009967.

175 Cal.App.3d 243 (1985)

221 Cal. Rptr. 10

THE PEOPLE, Plaintiff and Respondent, v. MARTIN ALDEN MESSERVY, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

November 12, 1985.

Attorney(s) appearing for the Case

COUNSEL

David F. Blaisdell, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Patra Woolum, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

GILBERT, J.

Martin Alden Messervy appeals his conviction for unlawful cultivation of marijuana. (Health & Saf. Code, § 11358.)

We affirm the denial of his motion to suppress under Penal Code section 1538.5, and hold that the flight of a police helicopter, over an open field at an altitude of approximately 150 feet, does not constitute a violation of Messervy's Fourth Amendment rights.

FACTS

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