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Does Aerial Photography violate the Fourth Amendment?

Posted by attorney Robert LeBrasseur

In California v. Ciraolo, 476 U.S. 207, 211 (1986), the United State’s Supreme Court applied a two-part test to determine whether aerial photography constituted a Fourth Amendment search: (1) Has the individual manifested a subjective expectation of privacy in the object of the challenged search and (2) Is society willing to recognize that expectation as reasonable? If the answer to both questions is yes then the search violated the Fourth Amendment.

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