The decision comes from a 2012 case that saw Fairbanks man John William McKelvey III convicted on two charges. Appeals ensued.
Published: Mar. 8, 2024 at 7:24 PM AKSTFAIRBANKS, Alaska - No, law enforcement cannot take warrantless, zoomed-in photographs of private property in the 49th state.The case dates back to 2012, when Alaska State Troopers snapped aerial photographs of a marijuana grow operation at a property north of Fairbanks, owned by John William McKelvey III.
Law enforcement then used those photos to obtain a warrant and searched the property, finding marijuana, meth, cash and a gun. The state had argued that anybody could peek out the window of a small airplane and take pictures with the commercial camera that had been used, so officers could too. The court said in the opinion that Alaska’s constitution calls for a broad interpretation of protections against unreasonable search and seizures.
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