Henderson v. People

We granted certiorari to review People v. Henderson, 847 P.2d 239 (Colo.App.1993), which involved the observations of a police officer from a television news helicopter of marijuana plants on residential property. The court of appeals held that the helicopter flight over the defendant’s property was not a search and that the warrant to search the defendant’s property was supported by probable cause. On appeal, the defendant claims that the court of appeals erred in determining that the news reporter who flew the helicopter could assert the Colorado statutory newsperson’s privilege and…