State v. McKelvey
Alaska Supreme Court
544 P.3d 632 (2024)

- Written by Sean Carroll, JD
Facts
The Alaska police got a tip that John McKelvey (defendant) was growing marijuana on his property. To confirm the tip, troopers flew over McKelvey’s property in an airplane. The troopers took pictures of the property from the airplane with a high-powered lens. The pictures showed unidentifiable green plants. The plane had an altitude of approximately 600 feet when the pictures were taken. With the pictures and the tip, the police obtained a search warrant for the property. McKelvey was charged with drug crimes and other crimes based on what was found during the search. McKelvey filed a motion to suppress the evidence obtained via the search, arguing that the troopers’ taking of the photographs from the plane constituted an unreasonable search in violation of his Fourth Amendment rights. The superior court denied McKelvey’s motion. The court of appeals reversed. The State of Alaska (plaintiff) filed a petition for rehearing, which the Alaska Supreme Court granted.
Rule of Law
Issue
Holding and Reasoning (Borghesan, J.)
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