McKim

In this helicopter aerial surveillance case, the People appeal from an order of dismissal entered after defendant successfully moved to suppress the evidence. (Pen. Code, § 1238, subds. (a)(7), (c); all further references to sections are to the Penal Code.) We reverse.

Facts

Looking for growing marijuana plants, Sergeant Ronald Chaplin and Deputy John Huffaker of the Butte County Sheriff’s Department conducted a general, random, helicopter surveillance of rural portions of the county on August 10, 1986. In the generally mountainous Berry Creek area, the officers were flying a “straight line-grid” pattern when they saw plants resembling marijuana growing among natural vegetation approximately 30 to 40 yards from defendant’s rural residence. (In executing the search warrant based on this surveillance, the officers discovered marijuana plants 15 yards to 100 yards from the residence.)

Deputy Huffaker, who was the passenger-observer, estimated the helicopter was about 500 feet above ground level (AGL) when these observations— documented by two photographs—were made. This estimate was based on Huffaker’s flight experience, which encompassed about 700 hours of aircraft…