I know of a couple related SCOTUS cases on the topic -- both split 5-4: California v. Ciraolo (1985)[1]: > Question: Did the warrantless, aerial observation o

I know of a couple related SCOTUS cases on the topic -- both split 5-4: California v. Ciraolo (1985)[1]: > Question: Did the warrantless, aerial observation of Ciraolo's back yard from an altitude of 1,000 feet constitute an illegal search and violate the Fourth Amendment? > Conclusion: The divided Court found that the observation did not violate the Constitution. Chief Justice Burger reasoned that the Fourth Amendment protections regarding the home had never been absolute: for example, police officers are not obligated to shield their eyes when passing homes on public streets or sidewalks. Since the observations of the Santa Clara officers was "nonintrusive" and "took place within public navigable airspace," their actions were consistent with the Fourth Amendment. "Any member of the public flying in this airspace who glanced down could have seen everything that these officers observed," concluded Burger. The dissenters, led by Justice Powell, argued that this decision was a significant departure from the Court's holding in Katz v. United States (1967) which established a two-part test to evaluate privacy claims. Kyllo v. United States (2001)[2]: This case has to do with use of thermal-imaging (without a warrant) to detect if marijuana was being grown inside a house. The court held that it was an unlawful search because it was effectively using technology to peer inside the home without a warrant. While that's not the same as looking into someone's backyard, the opinions have a lot to say about police using technology to erode the privacy of one's home.[3] [1]: https://www.oyez.org/cases/1985/84-1513 https://www.oyez.org/cases/1985/84-1513 [2]: https://www.oyez.org/cases/2000/99-8508 https://www.oyez.org/cases/2000/99-8508 [3]: https://supreme.justia.com/cases/federal/us/533/27/#tab-opinion-1960955 https://supreme.justia.com/cases/federal/us/533/27/#tab-opin...