Legal Question in Constitutional Law in California

Re: Are police helicopters exempt from the Fourth Amendment

If you want the analysis, go to this link

http://www.supremecourtus.gov/opinions/00pdf/99-8508.pdf

Re: Are police helicopters exempt from the Fourth Amendment

Police helicopters are not exempt. But note the use of the word "unreasonable" in the text of the Fourth Amendment; not all searches are banned, only unreasonable ones. Reasonable searches are allowed, and we live in a world where people understand that aircraft exist and that people in aircraft can see things on the ground. A police officer looking down from a helicopter is generally conducting reasonable surveillance which does not require a warrant.

Re: Are police helicopters exempt from the Fourth Amendment

they are not necessarily. however there are various exceptions to the 4th/14th amendment right against unreasonable governmental searches. one such exception is called the "plain view" doctrine, in which police helicopters could fall within the purview of if they are able to spot illegal activities from a plain view legal vantage point. if you have a specific case you have in mind regarding this, feel free to email us directly with your contact information for a free phone consultation.

Re: Are police helicopters exempt from the Fourth Amendment

They are only permitted to conduct reasonable searches, which in the case of helicopters, usually means "plain view" searches. This means only things that the helicopter can see while conducting a reasonable surveillance. They CAN NOT use thermal imaging to look through walls. . .