[dihydro]

I believe a test that would pass muster could be a "passer-by" test. If a person, unaided by technology, can from a public property, see something in or on the property, while passing by at a walking pace, no warrant is needed. Anything further should require a warrant.

[hiatus]

> If a person, unaided by technology, can from a public property, see something in or on the property, while passing by at a walking pace, no warrant is needed.

Is the person allowed to wear glasses? If so, what do you view the limit to be for allowed technology? Binoculars and telescopes use similar technology.

[bell-cot]

Being Alaska, my first thought is that your "passer-by" may also be on horseback - so long as he's in a location where a somewhat prudent horseman might ventured while mounted.

And maybe add similar tests for the passer-by hearing or smelling things?