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The State : ‘Pot’ Spotters Cautioned

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Although the U.S. Supreme Court has upheld aerial marijuana patrols, state Atty. Gen. John Van de Kamp said California police who fly over enclosed yards looking for marijuana probably will not get search warrants and may risk being sued. In an advisory letter last month to local prosecutors and police, Van de Kamp said evidence from overflights now is admissible in state courts, but aerial surveillance aimed at specific houses and fenced yards still violates the state Constitution, under a ruling last December by the state Supreme Court. The disagreement between state and federal courts could affect some of the cases arising from the annual Campaign Against Marijuana Planting raids on suspected Northern California marijuana fields by federal, state and local officers. The 2 1/2-month, $2-million 1986 campaign is scheduled to begin Monday.

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