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Drone Search Of Backyard

612 views 3 replies 4 participants last post by  TimBob 
#1 ·
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#2 ·
In the most recent court ruling,

dissenting Judge Karen Fort Hood expressed concerns about the "intrusive nature of drones," but wrote that she felt the court was bound by U.S. Supreme Court precedent finding items visible from a "public navigable airspace" aren't protected by the Fourth Amendment.


That was a bad ruling by the Court in 1989, the Riley case, but it was based on the idea of people who fly helicopters and small aircraft can legally do so over residential areas, and a helicopter is allowed to come down to 400 feet and the police helicopter was at a legally sufficient altitude at the time it spotted Riley's marijuana farm.

Now, does the law of aviation have something to say about a government entity using a drone for business or law-enforcement purposes and operating it at a very low altitude and hovering it in place over somebody's private property?

Even the Riley case allows courts to suppress & exclude evidence of a search if the aircraft was being operated unlawfully in a way that the homeowner below would not expect.
 
#4 ·
In the most recent court ruling,

dissenting Judge Karen Fort Hood expressed concerns about the "intrusive nature of drones," but wrote that she felt the court was bound by U.S. Supreme Court precedent finding items visible from a "public navigable airspace" aren't protected by the Fourth Amendment.


That was a bad ruling by the Court in 1989, the Riley case, but it was based on the idea of people who fly helicopters and small aircraft can legally do so over residential areas, and a helicopter is allowed to come down to 400 feet and the police helicopter was at a legally sufficient altitude at the time it spotted Riley's marijuana farm.

Now, does the law of aviation have something to say about a government entity using a drone for business or law-enforcement purposes and operating it at a very low altitude and hovering it in place over somebody's private property?

Even the Riley case allows courts to suppress & exclude evidence of a search if the aircraft was being operated unlawfully in a way that the homeowner below would not expect.
What a name for the judge! She's a Karen... from Fort Hood?
 
#3 ·
Some HOAs have overhead drone surveys for enforcement in covenants now so beware!

My opinion on the case at hand? If there is a drone surveying for code enforcement all the way up in restricted airspace and it applies universally to the municipality, probably not much luck to be had. If it’s hopping your 8’ fence and performing vehicle inspections without warrant, pound sand.
 
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