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The reasonable expectation of privacy has been extended to include the totality of a person's movements captured by tracking their cellphone. [24] Generally, a person loses the expectation of privacy when they disclose information to a third party, [ 25 ] including circumstances involving telecommunications. [ 26 ]
Riley successfully argued before the trial court that the aerial search violated his reasonable expectation of privacy and Fourth Amendment rights. The Florida Second District Court of Appeal disagreed, siding instead with the state, [3] but the Florida Supreme Court agreed with Riley and overturned the Court of Appeal.
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California v. Ciraolo, 476 U.S. 207 (1986), was a decision by the Supreme Court of the United States in which the Court held that aerial observation of a person's backyard by police, even if done without a search warrant, does not violate the Fourth Amendment to the U.S. Constitution.
The aerial surveillance doctrine’s place in Fourth Amendment jurisprudence first surfaced in California v.Ciraolo (1986). In this case, the U.S. Supreme Court considered whether law enforcement’s warrantless use of a private plane to observe, from an altitude of 1,000 feet, an individual’s cultivation of marijuana plants in his yard constituted a search under the Fourth Amendment. [1]
According to the Supreme Court, the Fourth Amendment regulates government conduct that violates an individual's reasonable expectation of privacy. But no one seems to know what makes an expectation of privacy constitutionally "reasonable." [...] Although four decades have passed since Justice Harlan introduced the test in his concurrence in Katz v.
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