The State of Washington, Respondent v. Edward E. Myrick, Appellant

Summary

The Washington Supreme Court addressed two issues: whether aerial surveillance of open fields at 1,500 feet above ground level violated article I, section 7 of the Washington Constitution, and whether the warrantless seizure of contraband inside buildings on the appellant's property constituted reversible error. The court held that the aerial surveillance was not a search under the state constitution because the marijuana gardens were identifiable with the unaided eye from a lawful and nonintrusive altitude. The court also held that while the warrantless entry and seizure of contraband inside the cotenant's dwelling and shed violated the plain view doctrine's requirements, the error was harmless given the overwhelming other evidence of guilt. The judgment of conviction was affirmed.