California, United States of America
The following excerpt is from People v. Agee, 153 Cal.App.3d 1169, 200 Cal.Rptr. 827 (Cal. App. 1984):
This is a case born of technological innovation--the availability of aircraft to surveil private residential property. Where such innovations threaten the constitutional balance between privacy and government inquisitiveness we must take care that legal doctrines implementing the constitutional prohibitions against unreasonable search and seizure are not rendered sterile. Innovative encroachments on privacy require a return to first principles. In appraising the constitutional balance we must determine if: "the questioned police procedure too closely resembles the process of the police state, too dangerously intrudes upon the individual's reasonable expectancy of privacy, and thus too clearly transgresses constitutional principle." (Lorenzana v. Superior Court (1973) 9 Cal.3d 626, 629, 108 Cal.Rptr. 585, 511 P.2d 33.)
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