The scope of fourth amendment protections is discussed with reference to court decisions that have defined the applicable standards for determining reasonable expectations of privacy. Cases reviewed include "Katz v. United States," "California v. Ciraolo," and "Florida v. Riley." The Florida case is reviewed in depth since it is the most recent case involving aerial surveillance of the curtilage. The opinions of each justice are analyzed to determine the rationale behind the holding that the proper standard to be applied in aerial surveillance cases should focus on the frequency of public flights at the altitude at which officials were operating, rather than on whether the altitude was within legal limits. In light of the Florida case and continuing debates regarding proper standards, a new standard is advocated that examines the reasonableness of law enforcement efforts in light of a multiple factor approach that includes the frequency of public traffic, altitude, standard flight patterns, and the manner the aircraft is used to obtain the desired observation. 173 notes.