California, United States of America
The following excerpt is from People v. Eckstrom, 187 Cal.App.3d 323, 231 Cal.Rptr. 664 (Cal. App. 1986):
In People v. St. Amour, supra, 104 Cal.App.3d at page 891, 163 Cal.Rptr. 187, the appellant raised arguments similar to those of Eckstrom, contending that his Fourth Amendment right to privacy had been violated by the aerial surveillance of his marijuana garden. The court there stated: "The case law makes it clear that a subjective desire to hide the contraband from aerial surveillance is not sufficient to establish the requisite reasonable expectation of privacy. On the contrary, in order to be constitutionally protected from overflights, the person must show that the land in question is expected to be private according to the common habits of persons engaged in agriculture." (Id., at p. 892, 163 Cal.Rptr. 187.)
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