NM Supreme Court hears case on aerial search with implications for drones

The New Mexico Supreme Court held oral argument earlier this week in the case of State v. Norman Davis, which asks whether aerial surveillance by police constitutes a search requiring a warrant.

The Las Cruces-Sun News has published this account of the oral argument, by Russell Contreras.

This case began in 2006, when police in a helicopter spotted marijuana plants in a greenhouse owned by Norman Davis in Taos County. In January 2014, the Court of Appeals issued an opinion holding that under the New Mexico Constitution, aerial surveillance constitutes a search that requires a warrant or an exception to the warrant requirement.

I’ve previously written about this case here, here, and here. Here are links to the briefs, which were posted by the Electronic Privacy Information Center:

1.  Attorney General’s Brief-in-Chief.

2.  Defendant Norman Davis’ Answer Brief.

3.  Amicus Curiae Brief filed by the Electronic Privacy Information Center.

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