STATE v. BRYANT

No. 05-252.

950 A.2d 467 (2008)

2008 VT 39

STATE of Vermont v. Stephen BRYANT.

Supreme Court of Vermont.

March 28, 2008.


Attorney(s) appearing for the Case

William H. Sorrell, Attorney General, and John Treadwell, Assistant Attorney General, Montpelier, for Plaintiff-Appellee.

William A. Nelson, Middlebury, for Defendant-Appellant.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.


SKOGLUND, J.

¶ 1. The issue on this appeal from a conviction for cultivation of marijuana is whether the warrantless aerial scrutiny of defendant's yard, for the purpose of detecting criminal activity by the occupant of the property, violated privacy rights secured by the Vermont Constitution. We hold that Vermont citizens have a constitutional right to privacy that ascends into the airspace above their homes and property. The warrantless aerial surveillance...

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