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 ground-level open-view doctrine cannot be mechanically extended to aerial surveillance because aerial observation is difficult to prevent and can reveal intimate details of private life. The court therefore affirmed the court of appeals' reversal of the superior court's denial of McKelvey's suppression motion.