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HENDERSON v. PEOPLE

No. 93SC339.

879 P.2d 383 (1994)

Bernard HENDERSON, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 25, 1994.

Attorney(s) appearing for the Case

David F. Vela, Colorado State Public Defender, Douglas D. Barnes, Deputy State Public Defender, Denver, for petitioner.

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Robert Mark Russel, First Asst. Atty. Gen., Roger G. Billotte, Asst. Atty. Gen., Denver, for respondent.

Justice ERICKSON delivered the Opinion of the Court.

We granted certiorari to review People v. Henderson, 847 P.2d 239 (Colo.App.1993), which involved the observations of a police officer from a television news helicopter of marijuana plants on residential property. The court of appeals held that the helicopter flight over the defendant's property was not a search and that the warrant to search the defendant's property was...

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