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[quote]QUOTE: Originally posted by glennbob Using this ridiculous argument a peeping Tom could justify his crime. [/quote] [}:)]In my home town years ago a family was growing marajuana in there greenhouse in the back yard on a large peace of land the police looked across another persons property using bynoculars to see the actions of the pot growers when it went to court the judge threw out the case claiming the evidence was not in plane sight becouse the police had to use bynoculars to magnify what they were seeing or they could not have seen it;[:(] plus they did not get permission to look across other privetly owned land in gathering their information[:)]glennbob [/quote] And in another case, decided by the 9th US District court of appeals, a california man was dividing up a large quantity of cocaine for sale, in his bedroomwith his window open . Police, acting on an anonymous tip, entered his property, and peered into the open window, saw the activity, and arrested the man. It was determined that becase of the orientation of the window, it was not possible to see in the window, unless one were already on the arrested mans property,...in essance trespassing. And it was not possible to see the illicit activity from any public venue. The court ruled that the man had a reasonable expectation of privacy, given the overall orientation of the room ,.. and so .the charges were dropped.
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