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U.S. v. ROBINSON

Nos. 92-6951, 92-6991.

62 F.3d 1325 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Theodore ROBINSON, Sr., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 31, 1995.

Attorney(s) appearing for the Case

Habib Yazdtchi, Montgomery, AL, for Theodore Robinson, Sr.

Redding Pitt, U.S. Atty., Terry F. Moorer, Asst. U.S. Atty., Montgomery, AL, for appellee in No. 92-6951.

James E. Wilson, U.S. Atty., Terry F. Moorer, Asst. U.S. Atty., Montgomery, AL, for appellee in No. 92-6991.

Before EDMONDSON and BIRCH, Circuit Judges, and HILL, Senior Circuit Judge.

BIRCH, Circuit Judge:

In this appeal, we decide whether aerial surveillance of an occupied, private residence with infrared thermal detection as an indication that marijuana is being cultivated inside is an unconstitutional search. The district court denied defendant's suppression motion. We AFFIRM.

I. BACKGROUND

In December, 1991, a Drug Enforcement Administration agent informed Agent Charles West of the Narcotics Division of the Alabama Department...

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