In Florida v. Riley, the Supreme Court upheld naked-eye observation of cannabis through openings in a greenhouse from a helicopter at 400 feet. Justice O'Connor's separate concurrence supplied the fifth vote and stressed the regularity of public air travel at that altitude, rather than aviation-rule compliance alone. The ruling did not approve every low-altitude flight over a home.[1]
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References
- US Supreme Court — Florida v. Riley, 488 U.S. 445 (1989), judgment reproduced by Cornell LIIPages 448–455, plurality opinion and O'Connor's concurrence in the judgmentarchived
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