D.V.I.: Govt couldn’t prove helicopter flyover was 1000′ or more; suppressed

The government flew a helicopter over defendant’s property to photograph a suspected marijuana grow. It could not provide testimony that the helicopter was flown at 1000′ or above in navigable air space. Defendant had a subjected expectation of privacy against flyovers because of some visual blocking he set up. The search warrant was based on photographs from the flyover. Suppressed. United States v. Somme, 2022 U.S. Dist. LEXIS 169594 (D.V.I. Sep. 20, 2022).

Defendant was arrested and charged first in state court, and property of his was seized. He was indicted in federal court for felon in possession, and the government had possession only of the firearm. His Rule 41(g) motion for the rest of the evidence seized is denied. The federal government never had any of his other property. United States v. Crutchfield, 2022 U.S. Dist. LEXIS 168964 (E.D. Ark. Sep. 19, 2022).

The search warrant was issued on probable cause and with particularity. And even if not, the good faith exception clearly applies. United States v. Kays, 2022 U.S. Dist. LEXIS 169547 (W.D. Okla. Sep. 20, 2022).*

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