14. The court should

D is correct. The officer's action of looking into the yard from the police helicopter is not considered a search within the meaning of the Fourth Amendment. The defendant did not have an objective, reasonable expectation of privacy from aerial observation because the observations were made from the public airspace and were no more than any private citizen could have seen from the same location. Because the marijuana was properly seen in plain view, and the actions of the officers did not violate the Fourth Amendment, the defendant's motion to suppress should be denied.

A is incorrect. The officer's purpose in looking at the curtilage is irrelevant to the determination of whether a search occurred or whether the defendant had a reasonable expectation of privacy in something that could be viewed by the public.

B is incorrect. Although the defendant may have had a subjective expectation of privacy, the Supreme Court has ruled that subjective expectation is not reasonable, and thus not afforded protection under the Fourth Amendment.

C is incorrect. A warrant may be required to search a residential yard; however, the officer's actions did not amount to a search protected by the Fourth Amendment. Because the defendant had no objective, reasonable expectation of privacy from aerial observation, the motion to suppress should be denied.