Question
Derek Dope is growing a significant crop of marijuana in his backyard garden which is immediately adjacent to his home. His backyard is surrounded by
Derek Dope is growing a significant crop of marijuana in his backyard garden which is immediately adjacent to his home. His backyard is surrounded by an 8-foot-high wooden privacy fence. He has a pergola canopy and hot tub located next to the garden. Determine whether a "search" has occurred in the below situations: 1. Cannabis Cop climbs over Dope's fence into the yard, enters the garden, and observes the marijuana plants. 2. Cannabis Cop climbs a ladder that she places on the public sidewalk next to the fence and uses the ladder to peer over Dope's fence to see the plants in his garden. 3. Cannabis Cop obtains consent from Dope's neighbor to enter the neighbor's house and observes the marijuana plants from the second-story bedroom window of the neighbor's home. 4. Assume instead that Dope's plants are located in a wooded area of his unfenced property approximately 75 feet from his house. Cannabis Cop enters the wooded area of the property and observes the plants in the woods. 5. Assume instead that Dope's plants are located in a wooden shed approximately 70 feet from his house. Cannabis Cop enters Dope's property and looks into the wooden shed through a window and observes the marijuana plants. 6. Same original facts but now Dope's neighbor uses the new drone that they got for Christmas to fly over Dope's property. The neighbor sees the marijuana plants growing in Dope's fenced backyard garden and reports it to Cannabis Cop.
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