State v. Bryant
Vermont Supreme Court
950 A.2d 467 (2008)
- Written by Deanna Curl, JD
Facts
In 2003, a forest service official suggested that the state police should conduct a Marijuana Eradication Team (MERT) flight over Bryant’s (defendant) property located next to the national forest. The official suspected that Bryant was responsible for marijuana plants growing in the national forest because Bryant appeared paranoid in his insistence on privacy with forest service employees and had posted no-trespassing signs around his property. The MERT team conducted a flight over Bryant’s property and identified marijuana plants. After Bryant was charged with cultivation of marijuana, he moved to suppress evidence stemming from the flight, arguing that the warrantless surveillance violated his reasonable expectation of privacy from the air. There was disputed evidence at the suppression hearing about whether the helicopter flew the recommended 500 feet over the ground or whether it flew as low as 100 feet over the property. Ultimately the judge found that the helicopter flew as low as 100 feet above the ground but that the surveillance did not violate the state constitution because Bryant’s expectation of privacy from the air was not reasonable. Bryant was convicted and appealed the judge’s ruling.
Rule of Law
Issue
Holding and Reasoning (Skoglund, J.)
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