People v. Romo

POCHÉ, J.

I concur in the result reached by the majority as to the constitutionality of the aerial surveillance of defendant’s pot garden. This result is compelled by the decision of the United States Supreme Court in California v. Ciraolo (1986) 476 U.S. 207 [90 L.Ed.2d 210, 106 S.Ct. 1809], Concluding that there is no reasonable expectation of privacy for views into *590a back yard from navigable airspace Ciraolo holds that the Fourth Amendment is not transgressed by police observation of an open air marijuana plot from a fixed wing aircraft flying at 1,000 feet. (476 U.S. at pp. 213-214 [90…