Florida vs Riley Case Study

FactsIn this case, the Pasco County Sheriff’s office received an anonymous tip that marijuana was being grown on the respondent’s property. When the investigating officer discovered that he was not able to see the contents of the green house by the road.All he was able to see was a wire fence surrounding the mobile home and the greenhouse with a “DO NOT ENTER” sign posted on the property. He then circled twice over the respondent’s property in a helicopter at the height of 400 feet.With his naked eye, he was able to see through the openings in the roof, since there had been two missing panels, and identify what he thought was marijuana growing in the structure.A warrant was later obtained based on these observations, continuing the search revealed marijuana growing in the greenhouse. Which lead, the respondent, Michael A. Riley, to be charged with possession of marijuana under the Florida law. Decision: No.Nothing implied that the helicopter interfered with respondent’s normal use of the greenhouse or the other parts of the curtilage. Therefore, the police did not violate his Fourth Amendment, right to privacy.Reversed Principle of LawThe reason the court reserved the decision of the Supreme Court of Florida is because there is nothing in the records that suggest the helicopters flying at 400 feet are sufficiently rare in this country to lead substance to respondents claim that he reasonably anticipated that his greenhouse would not be subject to observation from that altitude.Judgment