LaFollette v. Commonwealth

REYNOLDS, Justice.

Danny LaFollette entered a conditional guilty plea to a felony charge of cultivating marijuana and appeals from a judgment and sentence of one-year imprisonment.

The appellant has been a grower of marijuana by utilizing an indoor grow operation located on his property. He was the subject of an informant’s recent Crimestoppers’ tip and his property, without a search warrant, was the target of a helicopter fly-over which used a Forward Looking Infrared Radar (FLIR) to survey heat emissions from appellant’s residence.

The trial court held the FLIR over-flight was not a search and…