OH5: Def didn’t shield his grow operation from flyover; consent to police to search voluntary

Defendant had a marijuana grown at his rural property, and the roof was partially open exposing the grow. Police flying over in a helicopter saw it, gave the GPS coordinates to officers on the ground who came to the house and drove up the driveway. They did not violate the curtilage by taking the normal path. Defendant consented to the search. There was no reasonable expectation of privacy from the flyover, and his claim that the GPS somehow violated his rights is utterly irrelevant [because it was in the helicopter, not on his car]. State v. Hart, 2017-Ohio-4079, 2017 Ohio App. LEXIS 2116 (5th Dist. May 31, 2017).

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