Alaska’s state Supreme Court justices are right, and their decision is prescient.
from the Alaska Supreme Court earlier this month could prove a forward-looking precedent that safeguards Alaskans’ expectation of privacy in an age when technology would otherwise enable a creeping surveillance state. Our state’s highest court has a firm track record of protecting the explicit right to privacy guaranteed in the Alaska Constitution, and in an otherwise unremarkable drug case from more than a decade ago, the justices once again upheld that standard.
But McKelvey argued the troopers shouldn’t have been allowed to conduct their aerial surveillance without a warrant, and — after a winding, decade-long appeals process — the Alaska Supreme Court. Citing our state constitution’s explicit guarantee of the individual right to privacy, the justices found that such speculative flights over homes with vision-enhancing technology violated Alaska’s protections against illegal searches.
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