What is the test for police to obtain thermal imagery from a thermal imaging unit?

I adopt the reasoning of the Florida v. Riley decision. The test is not what the air regulations provide but whether the accused’s reasonable expectation of privacy is breached. In my view, whether the police were flying at 1,000 feet using the thermal imagery unit or whether they were flying at 1,000 feet and observing the greenhouse with the naked eye, it is not breach of s. 8 of the Charter as the accused cannot reasonably expect that aircraft will not be flying at that height.

I also agree with the comments in Florida v. Riley that private and commercial flight by helicopter in public airways is routine in this country and the accused could not reasonably have expected that his greenhouse was protected from public observation from aircraft flying within the navigable air space.