State of Alaska v. John William Mckelvey III

Summary

The Alaska Supreme Court held that law enforcement must obtain a warrant before using an aircraft and vision-enhancing technology to observe the curtilage of a home that is protected from ground-level observation. The court concluded that the open-view doctrine does not automatically extend to aerial surveillance because residents cannot reasonably protect their yards from aerial observation without sacrificing ordinary use and enjoyment. The court affirmed the court of appeals’ decision reversing the denial of McKelvey’s suppression motion.