Can police use drones without a warrant?

Can Police Use Drones without a Warrant?

In recent years, police departments across the United States and around the world have turned to drones as a powerful tool for surveillance and collection of evidence. With their ability to capture high-resolution video and photographs from unique vantage points, drones have become an increasingly attractive option for law enforcement. But as the use of drones in policing becomes more prevalent, a critical question arises: can police use drones without a warrant?

The Short Answer:

In the United States, the answer to this question is yes and no. While federal laws and regulations do provide some guidance on the use of drones by law enforcement, the legality of police using drones without a warrant can vary depending on the situation and the jurisdiction.

The Fourth Amendment:

To understand the legal nuances surrounding police use of drones without a warrant, we need to look to the Fourth Amendment to the U.S. Constitution. This amendment protects individuals from "unreasonable searches and seizures" and requires that all searches be conducted with a valid warrant, unless exempted by a specific exception.

Exemptions:

There are several exemptions to the warrant requirement outlined in the Fourth Amendment, including:

• Hot pursuit: If officers are in hot pursuit of a suspect, they do not need a warrant to use a drone to monitor or apprehend the suspect.
• Emergency: If a life-threatening emergency requires immediate action, such as a hostage situation, law enforcement may use a drone without a warrant to assess the situation and assist in the response.
• Consent: If a suspect or property owner consents to the use of a drone, officers may use it without a warrant.

Federal Legislation:

In 2012, the Federal Aviation Administration (FAA) implemented Part 107 of the Federal Aviation Regulations (FARs), which sets out the rules and guidelines for the use of drones in the national airspace. While Part 107 does not specifically address warrants, it does require drone pilots to follow certain guidelines:

• Visual Line of Sight: Drone pilots must maintain visual line of sight with the drone at all times.
• Operator Certification: Drone pilots must be certified by the FAA and pass a knowledge test.
• Registration: Drone owners must register their aircraft with the FAA.
• Geofencing: Drone pilots must operate their aircraft within designated areas and avoid restricted airspace.

State and Local Jurisdiction:

While federal law provides some guidance, individual states and local governments may have their own rules and regulations regarding the use of drones by law enforcement. Some states, like Illinois and Maryland, require warrants for drone surveillance, while others, like Michigan and Ohio, do not. Local jurisdictions may also have their own policies, so it’s essential for police departments to familiarize themselves with the laws in their area.

Circuit Court Rulings:

In recent years, federal circuit courts have delivered several rulings on the topic of police use of drones without a warrant. The 9th Circuit Court of Appeals, for example, ruled in 2016 that the use of a drone to monitor a suspect’s backyard without a warrant was unconstitutional. Similarly, the 4th Circuit Court of Appeals held that the use of a drone to surveil a property without a warrant violates the Fourth Amendment.

In Conclusion:

As drone technology continues to advance and become more accessible to law enforcement, the legality of police using drones without a warrant will remain a crucial issue. While some courts have ruled that drones may be used without warrants in certain circumstances, it is essential for police departments to understand the legal limitations and guidelines surrounding their use. By familiarizing themselves with federal and state regulations, as well as reviewing case law and court opinions, law enforcement agencies can ensure that their use of drones is both effective and legally sound.

A Brief Summary:

When can police use drones without a warrant?

• In hot pursuit
• In emergency situations
• With consent from suspect or property owner

Federal Legislation:

State and Local Jurisdiction:

Circuit Court Rulings:

• 9th Circuit: Ruled that use of a drone to monitor a suspect’s backyard without a warrant was unconstitutional
• 4th Circuit: Held that use of a drone to surveil a property without a warrant violates the Fourth Amendment