VT. SUPREME COURT OVERTURNS FELONY MARIJUANA CONVICTION

MONTPELIER -- The Vermont Supreme Court today ruled that a helicopter
surveillance of a man's property during a marijuana investigation
violated his constitutional right to privacy that includes the
airspace above a person's home and property.

The case involved a man who was convicted of felony possession and
cultivation of marijuana.

In the 4-1 decision, the court concluded that the National Guard
helicopter that flew over the man's property in the Goshen area to
detect marijuana cultivation flew too low -- at 100 feet above the
groud for up to 30 minutes -- and was "an unreasonable intrusion of
privacy that triggers constitutional protection."