051690P.pdf   02/10/2006  United States  v.  Jimmy Albern Boyster
   U.S. Court of Appeals Case No:  05-1690
   Eastern District of Arkansas   
   [PUBLISHED] [Murphy, Author, with McMillian and Gruender, Circuit Judges] 
   Criminal case - criminal law. Under Arkansas law, the lack of 
   proclamation calling up the National Guard did not make the Guard's 
   involvement in counterdrug surveillance unlawful, particularly when the 
   governor has specifically certified that the counterdrug plan complies 
   with state law; aerial surveillance had not occurred within the curtilage 
   of defendant's property and was not unlawful; in any event, so long as the 
   aerial surveillance took place in an area where the public could lawfully 
   fly and at an altitude generally used by the public, defendant had no 
   reasonable expectation of privacy, and the overflight did not violate the 
   Fourth Amendment.