Judge Ordered to Reconsider Curbs He Put on Helicopter ‘Pot’ Flights

A federal appeals court Friday ordered a lower court judge to reconsider some of the restrictions he imposed on use of police helicopters to fly over private homes in search of marijuana gardens in Northern California coastal counties.

The U.S 9th Circuit Court of Appeals left intact an existing U.S. District Court order imposing limits on the use of planes and helicopters in marijuana searches in Humboldt, Trinity and Mendocino counties.

But the three-judge panel ordered U.S. District Judge Robert Aguilar to reconsider the portion of his order prohibiting helicopter surveillance over homes and maintaining a 500-foot flight level except when landing to ferry personnel or cut illegal crops.

An attorney for the residents protesting the helicopter searches, R. Elaine Leitner, said the reconsideration may, in fact, not mean a significant change in the order.

Accused of ‘Hot-Rodding’

She accused the Campaign Against Marijuana Planting of “hot-rodding in helicopters.” She said residents have accused pilots of harassing residents by diving at homes, using helicopters to chase people down streets and repeatedly circling homes.

The U.S. Supreme Court this year ruled in two cases saying flights over private homes were not a violation of Fourth Amendment protections against invasion of privacy. The high court discussed height limits and other potential limits to surveillance but a final interpretation of how the decisions affect the California case will rest with Aguilar.

He has 30 days to reconsider and make whatever changes are necessary.

Meanwhile, the ban on flights over homes remains in effect.

The appeals court decision comes at the start of the new harvesting season, when police flights will be at their peak.

Most surveillance takes place between Aug. 15 and Oct. 15, according to Deputy Atty. Gen. Thomas Dove, who was originally involved in the case.

Dove said the helicopters were not used to harass residents.

‘Legal Bubble’

He said previous to the appeals court action, Aguilar’s ruling “created a legal bubble over all private residences. It was overprotective.”

He said it is the policy of the Campaign Against Marijuana Planting not to come down on homes.

Leitner said the monitor appointed by Aguilar to investigate complaints by residents has provided a way to put the state on notice that police activities are being watched.

The state was sued in 1983 by the National Organization for the Reform of Marijuana Laws in an effort to stop the flights.

The appeals court decision is the latest development in the 3-year-old case.