human
Question: Police received an anonymous tip that Tusitala was growing marijuana in her backyard, which was surrounded by a 15-foot high, solid wooden fence. Officer Boa was unable to view the yard from the street, so he used a police helicopter to fly over Tusitala's house. Boa identified a large patch of marijuana plants growing right next to the house and used this observation to obtain a search warrant. Tusitala is prosecuted for possession of marijuana and moves to suppress use of the marijuana in evidence. The court should

Choices:
A) grant the motion, because the only purpose of Boa's flight was to observe the yard.
B) grant the motion, because Tusitala had a reasonable expectation of privacy in the curtilage around her house and the police did not have a warrant.
C) deny the motion, because a warrant is not required for a search of a residential yard.
D) deny the motion, because Tusitala had no reasonable expectation of privacy from aerial observation.
gpt
The correct answer is 3: deny the motion, because Tusitala had no reasonable expectation of privacy from aerial observation..