STATE v. WILSON

No. 17572-3-III.

988 P.2d 463 (1999)

97 Wash.App. 578

STATE of Washington, Respondent, v. Thomas Eugene WILSON, Appellant.

Court of Appeals of Washington, Division 3, Panel One.

October 28, 1999.


Attorney(s) appearing for the Case

Kenneth W. Raber, Kirschenmann, Devine, Fortier & Raber, Yakima, for Appellant.

James P. Hagarty, Prosecuting Attorney, Goldendale, for Respondent.


SWEENEY, A.C.J.

The novel question here is whether police can fly over a suspected marijuana grow site, in a fixed wing aircraft, at 500 feet (the Federal Aviation Administration (FAA) legal minimum for fixed wing aircraft in the area) without violating article I, section 7, of the Washington State Constitution (right to privacy). We conclude that they can and affirm the trial judge's denial of Thomas Wilson's motion for suppression.

FACTS

A Goldendale...

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