No Eyes in the Skies: State of Alaska v. McKelvey’s Impact on Aerial Surveillance in Alaska

Alaska contains a dynamic and complex aviation culture. As one of the most visually captivating places on earth, Alaska also hosts enthralling scenery that could be deemed a photographer’s dream landscape, creating an interesting desire for aerial capture of certain scenes. The Alaska Supreme Court considered whether Alaska’s unique aviation culture, in conjunction with aerial police surveillance, infringes on residents’ right to privacy in State of Alaska v. McKelvey. While the United States Constitution contains no express right to privacy, the Alaskan Constitution explicitly ensures that the right to privacy of Alaskan residents will not be infringed upon. The United States Supreme Court has yet to address the issue of warrantless searches involving enhanced aerial surveillance, but the decision rendered by Alaska’s Supreme Court in State of Alaska v. McKelvey should be the standing precedent followed by all states. Alaska reached the correct decision in protecting citizens’ privacy, and other states should also consider placing this high of a premium on respective privacy rights.