What is "aerial surveillance" concerning the Fourth Amendment?

Aerial surveillance refers to the monitoring of an area or subject from an aerial perspective, typically by aircraft or drones. Under the Fourth Amendment, which protects against unreasonable searches and seizures, the key consideration is whether the surveillance violates a person's reasonable expectation of privacy.

The correct option notes that aerial surveillance is permissible as long as it does not infringe upon privacy expectations established by previous case law. For instance, if the area being surveyed is visible to the public, such as from a legally navigable airspace, then surveillance may not require a warrant. Courts have generally recognized that individuals do not have a reasonable expectation of privacy in areas that are visible from public airspace.

This approach allows law enforcement to use aerial means of monitoring without varying significantly from established legal precedents concerning privacy and surveillance. Hence, aerial surveillance must be evaluated based on the context and the established legal framework regarding privacy rights.