Alaska Supreme Court: Warrant Needed for Aerial Surveillance

The Alaska Supreme Court ruled Friday that law enforcement must obtain a warrant before conducting aerial surveillance around residential areas using aircraft and optical equipment with zoom lenses, The Hill reported.

The decision stems from a case dating back to 2012 involving John William McKelvey III, who was suspected of growing marijuana on his property north of Fairbanks.

In its decision the court said "we disagree" with the argument that the commonplace nature of small airplane travel in Alaska justified law enforcement's aerial surveillance practices.

The case originated when Alaska State Troopers, acting on a tip from an informant, conducted aerial surveillance of McKelvey's property. The heavily wooded property, with restricted ground-level visibility due to trees, featured a driveway leading to a clearing with a house and a greenhouse.

Using a camera equipped with a high-power zoom lens, troopers flew past and captured images of the greenhouse, revealing buckets containing what appeared to be marijuana plants.

Subsequently, a search warrant was obtained based on the tip and aerial surveillance, leading to the discovery of marijuana plants, methamphetamine, firearms, and cash on McKelvey's property. Despite McKelvey's attempt to suppress the evidence, he was convicted of drug-related and weapons charges.

McKelvey appealed the decision, arguing that the evidence should have been suppressed because the aerial surveillance violated his constitutional right to privacy. The appeals court sided with McKelvey, a decision upheld by the Alaska Supreme Court.

"The Alaska Constitution protects the right to be free of unreasonable searches," the court's ruling stated, highlighting the importance of safeguarding privacy rights in aerial surveillance practices. The court concluded that the mere possibility of a passerby catching a glimpse of a residential yard from an aircraft did not justify intrusive aerial surveillance by law enforcement without a warrant.

Reacting to the ruling, McKelvey's attorney, Robert John, praised the decision as a significant step toward protecting the privacy rights of Alaskans and potentially serving as a model for the nation.

The ruling sets a precedent for law enforcement practices in Alaska, emphasizing the necessity of judicial oversight in aerial surveillance operations. This decision reaffirms the principle that individual privacy rights must be upheld, even in the face of advancing surveillance technologies.

Information from The Associated Press was used in this report.

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