MAN CLAIMS VIOLATION OF HIS AIRSPACE

A Conyers man accused of growing pot in his back yard claims a police
helicopter crew violated his airspace when they flew over his home and
spotted the plants last summer.

Superior Court Judge Sidney Nation will hear Thomas Franklin Granade's
argument at a hearing Thursday.

"It comes down to whether or not they can do a search like this with a
helicopter . . . flying at treetop level," Granade's attorney, Richard
Schlueter, said Monday.

Assistant District Attorney Qader Baig refused to comment. Granade,
who is charged with possession and intent to distribute marijuana,
could not be reached for comment.

In his motion to suppress the evidence against Granade, Schlueter
wrote that the plants were not clearly visible to someone standing on
the edge of Granade's property. Therefore, the prosecution should not
be permitted to use the evidence the state gathered because the
occupants of the helicopter took an illegal peek into the man's yard,
according to Schlueter.

"Unless they had taken out a warrant first," which they did not, he
said.

GBI agents discovered five marijuana plants growing near Granade's
home at 2102 Flat Shoals Road.

Schlueter said their discovery violated the Fourth Amendment to the
U.S. Constitution, which protects against unreasonable searches and
seizures. Several cases around the country give him hope that he will
prevail, he said.