How Are Police Using Drones
Across the country, police departments are using myriad means and resources at their disposal to stock up on drones. According to the most recent tally on the Atlas of Surveillance , at least 1,172 police departments nationwide are using drones. And over time, we can expect more law enforcement agencies to deploy them. A flood of COVID relief money, civil asset forfeiture money, federal grants, or military surplus transfersenable more departments to acquire these flying spies.
But how are police departments using them?
A new law in Minnesota mandates the yearly release of information related to police use of drones, and gives us a partial window into how law enforcement use them on a daily basis. The 2021 reportreleased by the Minnesota Bureau of Criminal Apprehension documents use of drones in the state during the year 2020.
This data isnt terribly surprising. After all, weve spent years seeing police drones being deployed in more and more mundane policing situations and in punitive ways.
Some Question Whether Changes Are Necessary
But, the Indiana Public Defender Council has concerns about privacy. The agency worries if the proposal passes, the legislature could relax the requirements even more in the future.
“The terms of this bill are troubling, but theyâre not onerous,” says Mark Carnell, legislative liaison for the Council. “Theyâre not throwing it wide open to law enforcement. However, it is creating more incremental exceptions to a strong, statutory scheme that was put in place in 2014. And, the concern is more incremental exceptions would follow it.”
While the bill moves forward at the statehouse, deputies with the Noble County Sheriffâs Department say they donât see the point of the legislation.
They donât think the proposal makes any changes to whatâs legal under current law.
“It does not make my job any easier than it already is, nor does it make it any more difficult,” Baker says.
In fact, heâd like to see the bill fail. Because he thinks existing law is strong enough.
“It simply says that if you donât have an exigent circumstances, you are required to get a search warrant,” he says. “And, for me, I believe wholly in the Constitution. And, I donât believe that police officers should be pushing the bounds of the Constitution, so I am very comfortable with the fact that the law requires a warrant.”
The bill passed a Senate committee this week 7-1.
Should Police Need A Warrant To Collect Evidence With Drones
What is now emerging as a controversial topic in almost all media and the public is whether the police need a warrant to use drones that can allow them to gather evidence. The court has so far ruled that when police use drones there are no privacy rights regarding their use. What is important to note here is that drones are much cheaper and more economical than helicopters and give better, faster and easier insight into the current situation from the air, making it much easier for police to do their job. So if helicopters have the right to do it from the air, then why would a drone need a warrant?
Some states such as Seattle introduced the use of drones and surveillance in 2013 after major protests that took place, and passed a law that could better scan the situation going down and find offenders more easily. SWAT teams also came into the game, who also applied for drones capable of using thermal cameras and equipped with battery packs so that the drone could withstand at least 90 minutes in the air. There are examples where SWAT teams used tear gas for a while to get suspects to surrender, or get out. And with the help of thermal sensors they have on the drones, it would be much easier to see where these suspects are, so they can respond in a timely manner.
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How Is Air Surveillance Conducted
Air surveillance is conducted with the use of drones, or Unmanned Aerial Vehicles . These small, unmanned aircraft are usually equipped with cameras and other sensors. They can be used to monitor areas for a variety of purposes, including law enforcement and military missions.
The use of drones for air surveillance has become increasingly popular over the last few years. In fact, many police departments across the country have adopted the technology as a way to help them in their investigations.
Drones operate in a variety of ways, including having a camera attached to them and using infrared sensors to detect heat signatures on the ground.
They are also able to gather information about radio signals, such as those emitted by cell phones or other wireless devices.
Air surveillance can be used to identify targets on the ground or scan an area for signs of enemy activity.
Police Drone Surveillance In Texas
First of all, it should be noted that the new law otherwise known as the Texas Privacy Act does provide some protections for citizens whose privacy rights are violated by another person using aerial drones. Theses remedies include the ability to seek civil penalties in the amount of $5,000 against the offender for each instance in which he or she illegally captures drone images, or $10,000 for each instance if the offender illegally distributes or displays the images.
Unfortunately, the exceptions to what is considered illegal drone surveillance is quite broad in Texas, especially when it involves police drone surveillance. For example, while one of the exceptions to the new law states that police must have a valid search or arrest warrant to conduct drone surveillance, there are actually more extensive exceptions that police may utilize.
In fact, in many instances police may use drones to conduct searches without even obtaining a valid warrant first. Specifically, Texas police are permitted under the language off the Act to use drone surveillance when they have reasonable suspicion that a person has committed a crime and they are using the drone in the immediate pursuit of such person.
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Can A Drone Record Conversations
Most drones are not equipped with a microphone to record audio. They typically only record and transmit video.
Recording audio from a drone is a difficult task due to environmental conditions and the distance from the target. A small microphone often needs to be within several meters of the subject. The wind and other background sounds may also drown out any sounds coming from the intended subject.
Despite the challenges, it is technically possible to equip a drone with a microphone and audio recording hardware. The drone would likely need a large long-range dish attached to a high-end microphone.
When The Police Dont Need A Warrant
Police can use drones to get information about a crime scene or to monitor people. If they are using them to monitor people, they need to get a warrant first. If theyre using them to get information about a crime scene, then they dont need a warrant.
Even though the police are required to obtain a warrant before searching your home, they are not required to obtain one in certain circumstances. In these cases, the police can use drones without a warrant.
- When an officer is responding to an emergency that puts lives at risk, they can deploy their drone without getting one first.
- When you give consent to have your property searched. This means that if you are on your property and allow the police to enter and search it, then that can be considered consenting to let them do so.
- Drones do not need a warrant when there is an emergency situation where lives may be at risk. For example, if it were believed that there was an intruder on your property who was threatening someones safety.
- If a police officer is in hot pursuit of a suspect, they can use their drone to track them down without needing a warrant.
- If the drone is used during an emergency situation, such as a fire or other disaster, then it can be used without a warrant. This is because it would be unreasonable for law enforcement to get one given the circumstances of the situation.
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Regulations On Drone Use By Law Enforcement
Privacy concerns over widespread drone use, whether by the police or civilians, have largely remained unaddressed by federal laws. When the Part 107 laws were published by the FAA, there were no provisions in the law that regulated the use of drones within a private property or for unwanted surveillance.
As a response to the growing concerns, state and municipal governments opted to craft their own laws regulating the use of drones. Some states have also enacted laws that govern the use of drones by police departments. This has resulted in a patchwork of different laws from one state to another, making implementation difficult because of the challenge of information dissemination.
There have been laudable efforts in some states to promote transparency in police-initiated drone use. In the state of Alaska, police use of drones has to be approved by a chief administrative officer and all flights must maintain an auditable record of the time, date, the purpose of the flight, and the identity of the approving officer. There must also be a system for notifying the public of any drone operations.
In Florida, state law prohibits the use of drones by law enforcement to surveil people or privately owned property in the absence of a warrant or reasonable suspicion of imminent danger to life or serious property damage. Outside of the conditions mentioned in the law, any footage recorded by a drone is inadmissible as evidence in court.
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Pros And Cons For Drone Surveillance
Finally, when we draw the line below all this, we can say that in addition to the great advantages, drones also bring great risk. The risk is related to the enacted law and its use. It will be difficult to determine whether drones have consistently followed all rules and followed all local regulations when using them. If it is proven that the drones were misused in some parts during the investigation, such materials will not be valid in court and will be rejected, so future laws will need to be well and thoroughly reviewed and drafted. This would also penalize police officers conducting the case, that is, citizens would have the right to complain to them. We hope that in the end it will be all nice and detailed and that there will be no problem with such things.
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Does Texas Privacy Act Protect The Privacy Of Citizens From Police
In todays technological age, it may appear to many Texans that privacy is actually a thing of the past. After all, on an almost daily basis there are news reports on how several private citizens have their phone calls monitored and internet habits tracked not to mention the seemingly endless number of security cameras that watch individuals movements 24 hours a day in public areas.
In years past, these forms of privacy intrusions would have seemed unbelievable, although, sadly, they are so common today that they rarely spark debate. Interestingly, however, one new type privacy invasion actually got the attention of Texas lawmakers recently: unmanned air drones.
Earlier this year, a bill was passed in Texas that made it illegal for anyone to use aerial drones to capture images on private property as a means of surveillance. However, while the new law which became effective on September 1 purports to protect the privacy rights of citizens, there are some significant exceptions to the law in which many may still be susceptible to drone searches by police in Texas.
Good Governance And True Democracy
Thus far, no media inquiries to the Mayors office nor MPD regarding this technology have been answered. Advocates from Safety Not Surveillance and the ACLU say that this process makes a strong argument that residents and their representatives do not have nearly enough control over the police department.
An alternative approach that has been pitched is called Community Control Over Police Surveillance, or CCOPS. Mohamed says,
Its about good governance and true democracy. Why should MPD just get to decide to use drones? Who do they serve? And why is it that we as the public, the taxpayer, the citizen dont have a direct say in what surveillance or military technology our local governments use?
Munira Mohamed, American Civil Liberties Union of Minnesota
She hopes that given the haste with which the drone proposal has been presented, a transparency and oversight ordinance could be fast tracked to approval through the Council.
A CCOPS style ordinance would empower the City Council to force the police to disclose plans to obtain new technology and military equipment and then seek an up or down vote from the Council prior to any such gear being fielded. CCOPS bills also typically facilitate in depth reports and regular audits that explain how surveillance and other technologies have been used which help to bolster the democratic process and establish trust.
Listen to Chad Marlow from ACLU-MN explain CCOPS ordinances on a KRSM radio show with reporter Sam Richards.
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Can Police Use Drones In The United States
Policies agencies in the United States are not prohibited from using drones. However, many states have passed legislation to limit the use of drones for law enforcement purposes. Eighteen states currently require law enforcement to obtain a search warrant to use drones for surveillance.
The Federal Aviation Administration also currently prohibits anyone, including law enforcement, from attaching firearms or similar weapons to drones.
In 2013, Florida became the first state to pass drone-related legislation. The laws came after privacy advocates raised concerns about the use of drones by police and other government agencies.
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Can Police Be Trusted With Drones
The Los Angeles Police Commission has voted in favor of allowing its officers to use drones. It means theyll be the largest police force in America to use remote-controlled drones. Police officers will be expected to adhere to a specific set of rules. Only SWAT teams will be allowed to operate the drones in whats been described as tense situations. Every flight will have to be documented and reviewed and weapons and facial recognition technology are prohibited. But many people have been predicting problems for years, and they dont trust the police. By 2025 were looking at $82 billion industry just here in the USA, with over 100,000 new jobs. The drone industry is ready to explode and the policy making hasnt quite kept up yet. Therefore, we have to wait and see if the police can be trusted with drones. Time will tell.
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Pros And Cons For Jingle Surveillance
Finally, when we attract the line below all this, we can say that as well as the great advantages, drones furthermore bring great danger. The risk is related to the particular enacted law and its use. It will be hard to determine whether drones have got consistently followed every rules and followed all local rules when using them. If it is proven that the drones were misused in some parts during the investigation, such materials will never be valid in court and will be rejected, so future laws will have to be well and thoroughly reviewed and drafted. This would also penalize police officers conducting the situation, that is, citizens could have the right to complain to them. We hope that in the end it will be almost all nice and detailed and that there will be no problem along with such things.
Hawaii Bill Would Ban Police Drone Use Without A Warrant
The bill would make exceptions for emergencies such as searches and rescues, hostage situations
HONOLULU Hawaii lawmakers have introduced a bill that would ban police from using drones to gather evidence without a warrant.
The bill would make exceptions for emergencies such as searches and rescues, hostage situations and when there’s an immediate danger to someone.
Lawmakers say the recreational and commercial use of drones, also known as unmanned aerial systems, has taken off in Hawaii throughout recent years, and new rules are needed to regulate how they’re used.
Hawaii lawmakers are not alone legislators across the country are considering how to regulate the new technology.
In 2015, 45 states considered bills and 20 passed laws on topics ranging from drone use in farming to addressing paparazzi, according to the National Conference of State Legislatures. Over a dozen states have passed laws addressing how police use drones.
“Drones are becoming very popular, and not only for recreational use,” said Democratic Sen. Will Espero, who introduced the bill. “With this newfound popularity we need to make sure that we have rules and regulations.”
Honolulu Police Department spokeswoman Sarah Yoro said right now, the police department doesn’t use drones, but Espero said he introduced the bill with future use in mind.
Meanwhile, another bill would ban flying drones within 500 feet of a residential property without the property owner’s consent.
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