california ciraolo argued december decided may santa clara police received anonymous telephone tip marijuana growing respondent backyard enclosed two fences shielded view ground level officers trained marijuana identification secured private airplane flew respondent house altitude feet readily identified marijuana plants growing yard search warrant later obtained basis one officer observations photograph surrounding area taken airplane attached exhibit warrant executed marijuana plants seized california trial denied respondent motion suppress evidence search pleaded guilty charge cultivation marijuana california appeal reversed ground warrantless aerial observation respondent yard violated fourth amendment held fourth amendment violated aerial observation respondent backyard pp touchstone fourth amendment analysis whether person constitutionally protected reasonable expectation privacy involves two inquiries whether individual manifested subjective expectation privacy object challenged search whether society willing recognize expectation reasonable katz pursuing second inquiry test legitimacy whether individual chooses conceal assertedly private activity whether government intrusion infringes upon personal societal values protected fourth amendment pp record respondent expectation privacy observations backyard unreasonable backyard crop within curtilage respondent home bar police observation mere fact individual taken measures restrict views activities preclude officer observation public vantage point right renders activities clearly visible police observations took place within public navigable airspace physically nonintrusive manner police able observe plants readily discernible naked eye marijuana irrelevant observation airplane directed identifying plants officers trained recognize marijuana member public flying airspace cared glance seen everything officers observed fourth amendment simply require police traveling public airways feet obtain warrant order observe visible naked eye pp burger delivered opinion white rehnquist stevens joined powell filed dissenting opinion brennan marshall blackmun joined post laurence sullivan deputy attorney general california argued cause petitioner briefs john van de kamp attorney general steve white chief assistant attorney general eugene kaster deputy attorney general marshall warren krause appointment argued cause respondent brief pamela holmes duncan briefs amici curiae urging reversal filed state indiana et al linley pearson attorney general indiana william daily lisa paunicka deputy attorneys general charles graddick attorney general alabama charles oberly attorney general delaware michael bowers attorney general georgia neil hartigan attorney general illinois robert stephan attorney general kansas david armstrong attorney general kentucky william guste attorney general louisiana james tierney attorney general maine francis bellotti attorney general massachusetts william webster attorney general missouri robert spire attorney nebraska brian mckay attorney general nevada stephen merrill attorney general new hampshire paul bardacke attorney general new mexico anthony celebrezze attorney general ohio leroy zimmerman attorney general pennsylvania travis medlock attorney general south carolina jeffrey amestoy attorney general vermont gerald baliles attorney general virginia kenneth eikenberry attorney general washington archie mcclintock attorney general wyoming americans effective law enforcement et al fred inbau wayne schmidt james manak david crump daniel hales criminal justice legal foundation christopher heard washington legal foundation daniel popeo george smith briefs amici curiae urging affirmance filed american civil liberties union et al douglas floyd alan schlosser charles sims civil liberties monitoring project amitai schwartz national association criminal defense lawyers john kenneth zwerling chief justice burger delivered opinion granted certiorari determine whether fourth amendment violated aerial observation without warrant altitude feet backyard within curtilage home september santa clara police received anonymous telephone tip marijuana growing respondent backyard police unable observe contents respondent yard ground level outer fence inner fence completely enclosing yard later day officer shutz assigned investigate secured private plane flew respondent house altitude feet within navigable airspace accompanied officer rodriguez officers trained marijuana identification overflight officers readily identified marijuana plants feet feet height growing plot respondent yard photographed area standard camera september officer shutz obtained search warrant basis affidavit describing anonymous tip observations photograph depicting respondent house backyard neighboring homes attached affidavit exhibit warrant executed next day plants seized disputed marijuana trial denied respondent motion suppress evidence search respondent pleaded guilty charge cultivation marijuana california appeal reversed however ground warrantless aerial observation respondent yard led issuance warrant violated fourth amendment cal app cal rptr held first respondent backyard marijuana garden within curtilage home oliver emphasized height existence two fences constituted objective criteria may conclude manifested reasonable expectation privacy standard cal app cal examining particular method surveillance undertaken found significant flyover result routine patrol conducted legitimate law enforcement public safety objective undertaken specific purpose observing particular enclosure within respondent curtilage ibid held focused observation direct unauthorized intrusion sanctity home violated respondent reasonable expectation privacy cal omitted california denied state petition review granted state petition certiorari reverse state argues respondent knowingly exposed backyard aerial observation seen visible naked eye aircraft flying overhead state analogizes mode observation knothole opening fence opening police may look california appeal noted earlier accepted analysis unlike casual observation private person flying overhead flight focused specifically small suburban yard result routine patrol overflight respondent contends done reasonably expected tell world wishes maintain privacy garden within curtilage without covering yard covering argues defeat purpose outside living area asserts knowingly exposed aerial views ii touchstone fourth amendment analysis whether person constitutionally protected reasonable expectation privacy katz harlan concurring katz posits inquiry first individual manifested subjective expectation privacy object challenged search second society willing recognize expectation reasonable see smith maryland clearly understandably respondent met test manifesting subjective intent desire maintain privacy unlawful agricultural pursuits however need address issue state challenged finding california appeal respondent expectation reasonably assumed fence placed conceal marijuana crop least views far normal sidewalk traffic concerned fence served purpose respondent took normal precautions maintain privacy rawlings kentucky yet fence might shield plants eyes citizen policeman perched top truck bus whether respondent therefore manifested subjective expectation privacy observations backyard whether instead manifested merely hope one observe unlawful gardening pursuits entirely clear circumstances respondent appears challenge authority government observe activity vantage point place viewing motivated law enforcement purpose result casual accidental observation turn therefore second inquiry katz whether expectation reasonable pursuing inquiry must keep mind test legitimacy whether individual chooses conceal assertedly private activity instead whether government intrusion infringes upon personal societal values protected fourth amendment oliver supra respondent argues yard curtilage home governmental aerial observation permissible fourth amendment without warrant history genesis curtilage doctrine instructive common law curtilage area extends intimate activity associated sanctity man home privacies life oliver supra quoting boyd see blackstone commentaries protection afforded curtilage essentially protection families personal privacy area intimately linked home physically psychologically privacy expectations heightened claimed area immediately adjacent suburban home surrounded high double fences close nexus home appear encompass small area within curtilage accepting state yard crop fall within curtilage question remains whether observation curtilage police aircraft lawfully operating altitude feet violates expectation privacy reasonable area within curtilage bar police observation fourth amendment protection home never extended require law enforcement officers shield eyes passing home public thoroughfares mere fact individual taken measures restrict views activities preclude officer observations public vantage point right renders activities clearly visible knotts person knowingly exposes public even home office subject fourth amendment protection katz supra observations officers shutz rodriguez case took place within public navigable airspace see app physically nonintrusive manner point able observe plants readily discernible naked eye marijuana observation aircraft directed identifying plants officers trained recognize marijuana irrelevant observation precisely judicial officer needs provide basis warrant member public flying airspace glanced seen everything officers observed record readily conclude respondent expectation garden protected observation unreasonable expectation society prepared honor dissent contends ignores justice harlan warning concurrence katz fourth amendment limited proscribing physical intrusions onto private property post justice harlan observations future electronic developments potential electronic interference private communications see katz supra plainly aimed simple visual observations public place indeed since katz required warrants electronic surveillance aimed intercepting private conversations see district justice harlan made crystal clear resting reality one enters telephone booth entitled assume conversation intercepted translate readily rule constitutional dimensions one grows illicit drugs backyard entitled assume unlawful conduct observed passing aircraft power company repair mechanic pole overlooking yard justice harlan emphasized man home purposes place expects privacy objects activities statements exposes plain view outsiders protected intention keep exhibited hand conversations open protected overheard expectation privacy circumstances unreasonable katz supra reversed footnotes california appeal recognized police right use navigable airspace made pointed distinction police aircraft focusing particular home police aircraft engaged routine patrol concluded officers focused observations violated respondent reasonable expectations privacy short concluded regular police patrol plane identifying respondent marijuana lead different result whether rational distinction hardly relevant although find difficulty understanding exactly respondent expectations privacy aerial observation might differ two airplanes pass overhead identical altitudes simply different purposes cited authority novel analysis conclusion begat fact observation police focused particular place different focused aerial observation fourth amendment dow chemical post decided today hold use aerial mapping camera photograph industrial manufacturing complex navigable airspace similarly require warrant fourth amendment state acknowledges erial observation curtilage may become invasive either due physical intrusiveness modern technology discloses senses intimate associations objects activities otherwise imperceptible police fellow citizens brief petitioner justice powell justice brennan justice marshall justice blackmun join dissenting concurring katz justice harlan warned decision construe fourth amendment proscribing physical intrusions police onto private property present day bad physics well bad law reasonable expectations privacy may defeated electronic well physical invasion today ignores warning opinion departs significantly standard developed katz deciding fourth amendment violation occurred dissent opinion reflects facts case complicated officer shutz investigated anonymous report marijuana growing backyard respondent home tall fence prevented shutz looking yard street yard directly behind home home furnished one border fence shutz proceeded without obtaining warrant charter plane fly home altitude feet observing marijuana plants growing yard shutz photographed respondent home yard well homes yards neighbors photograph clearly shows enclosed yard also contained small swimming pool patio shutz filed affidavit attached photograph describing anonymous tip aerial observation marijuana warrant issued search yard confirmed shutz aerial observations respondent arrested cultivating marijuana felony california law respondent contends police intruded constitutionally protected expectation privacy conducted aerial surveillance home photographed backyard without first obtaining warrant rejects contention holding respondent expectation privacy curtilage home although reasonable intrusions ground unreasonable surveillance navigable airspace view holding rests one obvious fact namely airspace generally open persons travel airplanes explain single fact deprives citizens privacy interest outdoor activities enclosed curtilage ii fourth amendment protects right people secure persons houses papers effects unreasonable searches seizures familiar history amendment need recounted remember reflects choice society one citizens dwell reasonable security freedom surveillance johnson since choice made framers constitution cases construing fourth amendment relied part common law instruction sorts searches framers regarded reasonable steagald repeatedly refused freeze constitutional law enforcement practices existed time fourth amendment passage quoting payton new york see district rather construed amendment light contemporary norms conditions steagald supra quoting payton new york supra order prevent stealthy encroachments citizens right free arbitrary official intrusion boyd since landmark decision katz fulfilled duty protect fourth amendment rights asking police surveillance intruded individual reasonable expectation privacy decision katz held dissenting opinions written justices prior katz recognized goldman murphy dissenting olmstead brandeis dissenting standard defines fourth amendment search reference whether police physically invaded constitutionally protected area provides real protection surveillance techniques made possible technology technological advances enabled police see people activities associations hear conversations without physical proximity moreover capability exists police conduct intrusive surveillance without physical penetration walls homes structures citizens may believe shelters privacy looking fourth amendment protection broad unsuspected governmental incursions cherished privacy citizens district supra omitted katz abandoned inquiry whether police committed physical trespass katz announced standard occurrence search turned physical position police conducting surveillance whether surveillance question invaded constitutionally protected reasonable expectation privacy decisions following teaching katz illustrate inquiry normally embraces two discrete questions smith maryland first whether individual conduct exhibited actual subjective expectation privacy quoting katz harlan concurring second whether subjective expectation one society prepared recognize reasonable quoting katz supra harlan concurring today purports reaffirm analytical framework conclusory rejection respondent expectation privacy yard residence one unreasonable ante represents turning away principles guided fourth amendment inquiry rejection respondent fourth amendment claim curiously odds purported reaffirmation curtilage doctrine decision companion case dow chemical post particularly conclusion dow society prepared recognize reasonable expectations privacy curtilage post second question katz described asking whether expectation privacy legitimate sense required fourth amendment oliver answer turns whether government intrusion infringes upon personal societal values protected fourth amendment single consideration regarded dispositive given weight factors intention framers fourth amendment uses individual put location societal understanding certain areas deserve scrupulous protection government invasion decisions made clear inquiry often must decided reference place katz supra harlan concurring see payton new york home place subjective expectation privacy virtually always legitimate ibid see karo steagald core fourth amendment stands right person retreat home free unreasonable governmental intrusion silverman case involves surveillance home stated oliver curtilage considered part home fourth amendment purposes dow chemical decided today reaffirms curtilage doctrine evolved protect much kind privacy covering interior structure post dow emphasizes moreover society accepts reasonable citizens expectations privacy area immediately surrounding homes ibid deciding whether area within curtilage courts defined curtilage common law reference factors determine whether individual reasonably may expect area immediately adjacent home remain private see van dyke williams care cert denied oliver supra lower federal courts agreed curtilage area domestic use immediately surrounding dwelling usually always fenced dwelling laberge supp md see van dyke courts also held whether area within curtilage must decided looking facts citing care supra relevant facts include proximity area claimed curtilage home nature uses area put steps taken resident protect area observation people passing see care supra see also van dyke supra iii begins analysis fourth amendment issue posed deciding respondent expectation privacy backyard agree conclusion close proximity yard house nature activities respondent conducted taken steps shield activities view passersby implicitly acknowledges society prepared recognize expectation reasonable respect surveillance holding yard within curtilage area privacy interests afforded heightened protection ante foregoing discussion curtilage doctrine demonstrates respondent yard unquestionably within curtilage since officer shutz see private family area street certainly agree conducted unreasonable search climbed fence used ladder peer yard without first securing warrant see van dyke supra see also williams concludes nevertheless shutz use airplane product modern technology intrude visually respondent yard argues respondent reasonable expectation privacy aerial observation notes shutz within public navigable airspace ante looked photographed respondent yard relies fact surveillance accompanied physical invasion curtilage ibid reliance manner surveillance directly contrary standard katz identifies constitutionally protected privacy right focusing interests individual free society since katz consistently held presence absence physical trespass police constitutionally irrelevant question whether society prepared recognize asserted privacy interest reasonable district holding therefore must rest solely fact members public fly planes may look homes fly ante explain finds fact significant one may assume believes citizens bear risk air travelers observe activities occurring within backyards open sun air risk appears hold nullifies expectations privacy yards even purposeful police surveillance air finds support conclusion knotts ante line reasoning flawed first actual risk privacy commercial pleasure aircraft virtually nonexistent travelers commercial flights well private planes used business personal reasons normally obtain fleeting anonymous nondiscriminating glimpse landscape buildings pass risk passenger plane might observe private activities might connect activities particular people simply trivial protect accident matter common experience many people build fences around residential areas build roofs backyards therefore contrary suggestion ante people knowingly expos residential yards public merely failing build barriers prevent aerial surveillance reliance knotts reveals second problem analysis activities surveillance knotts took place public streets private homes comings goings public streets public matters constitution disable police observing every member public see activity case contrast took place within private area immediately adjacent home yet approves purposeful police surveillance activity area similar approved knotts respect public activities areas possible basis holding judgment risk privacy posed remote possibility private airplane passenger notice outdoor activities equivalent risk official aerial surveillance fails acknowledge qualitative difference police surveillance uses made airspace members public use airspace travel business pleasure purpose observing activities taking place within residential yards police conducted overflight low altitude solely purpose discovering evidence crime within private enclave constitutionally forbidden intrude ground level without warrant easy believe society prepared force individuals bear risk type warrantless police intrusion residential areas since respondent reasonable expectation privacy yard aerial surveillance undertaken police purpose discovering evidence crime constituted search within meaning fourth amendment warrantless searches presumptively unreasonable though recognized limited exceptions general rule karo case presents exception indiscriminate nature aerial surveillance illustrated officer shutz photograph respondent home enclosed yard well neighbors poses far serious threat privacy interests home escape entirely sort fourth amendment oversight omitted therefore affirm judgment california appeal ordering suppression marijuana plants iv may believe case involving physical intrusion private property presents obnoxious thing mildest least repulsive form boyd recognized long ago essence fourth amendment violation breaking person doors rummaging drawers rather invasion indefeasible right personal security personal liberty private property rapidly advancing technology permits police conduct surveillance home area privacy interests cherished society without physical trespass rule katz designed prevent silent unseen invasions fourth amendment privacy rights variety settings consistently afforded heightened protection person right left alone privacy house fails enforce right give weight longstanding presumption warrantless intrusions home unreasonable dissent warrant authorized shutz search home attached garage well yard marijuana narcotics paraphernalia records relating marijuana sales documents identifying occupant premises see payton new york said four decades ago search one home office longer requires physical entry science brought forth far effective devices invasion person privacy direct obvious methods oppression detested forbears inspired fourth amendment whether search private quarters accomplished placing outer walls sanctum detectaphone transmits outside listener intimate details private conversation new methods photography penetrate walls overcome distances privacy citizen equally invaded government intimate personal matters laid bare view goldman murphy dissenting since science developed even sophisticated means surveillance justice harlan classic description actual expectation privacy entitled fourth amendment protection expectation society recognizes reasonable katz harlan concurring since katz decisions also described constitutionally protected privacy interests society regards legitimate using words reasonable legitimate interchangeably oliver rakas illinois legitimation expectations privacy law must source outside fourth amendment either reference concepts real personal property law understandings recognized permitted society ibid inquiry necessarily focuses personal interests privacy liberty recognized free society oxford english dictionary defines curtilage small yard garth piece ground attached forming one enclosure regarded law area attached containing oxford english dictionary omits reference fact respondent yard contained swimming pool patio sunbathing private activities suppression hearing respondent sought introduce evidence showing use yard domestic activities trial refused consider evidence tr appeal course takeoff landing planes briefly fly low enough altitudes afford fleeting opportunities observe types activity curtilages residents live within strictly regulated takeoff landing zones us know personal experience least passenger aircrafts rarely ever opportunity practical observation photographing unlawful activity similar obtained officer shutz case analogy commercial private overflights therefore wholly without merit precedents held expectation privacy reasonable part individual assumed risk certain kinds private information turned police miller none prior decisions precedent today decision justice marshall observed duty sensitive risks citizen forced assume free open society smith maryland dissenting opinion decision serious implications outdoor family activities conducted curtilage home feature activities makes desirable citizens living free society namely fact occur open air sunlight relied justification permitting police conduct warrantless surveillance aerial surveillance nearly intrusive family privacy physical trespass curtilage appear today families expect free official surveillance retreat behind walls homes course right privacy home curtilage includes right engage unlawful conduct fourth amendment requires police secure warrant may intrude privacy search evidence suspected crime karo