State v. Bryant

¶ 1. The issue on this appeal from a conviction for cultivation of marijuana is whether the warrantless aerial scrutiny of defendant’s yard, for the purpose of detecting criminal activity by the occupant of the property, violated privacy rights secured by the Vermont Constitution. We hold that Vermont citizens have a constitutional right to privacy that ascends into the airspace above their homes and property. The warrantless aerial surveillance in this case violated that constitutionally protected privacy right. Accordingly, we reverse.

*359¶ 2. Defendant was charged with felony possession and…