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 
grant the motion, because the only purpose of Boa's flight was to observe the yard.  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.  deny the motion, because a warrant is not required for a search of a residential yard.  deny the motion, because Tusitala had no reasonable expectation of privacy from aerial observation. 
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 
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. 
Answer: