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lacrimoniousfinale
reply to post by matafuchs
Would the police have needed a warrant to go out in a helicopter or police car to look for the guy? Would they have needed a warrant to use tracker dogs to hunt him out?
Xcathdra
lacrimoniousfinale
reply to post by matafuchs
Would the police have needed a warrant to go out in a helicopter or police car to look for the guy? Would they have needed a warrant to use tracker dogs to hunt him out?
There is no protection when it comes to airplanes / helicopters seeing things in plain sight below. This is nothing new and the fact a drone was involved does not make the act illegal. Unless the drone has an ability to see through walls, which requires a warrant, this action is lawful.
It is close to the plain view doctrine / open fields doctrine under the 4th.
If an argument is going to be made about the legalities in drone use, its up to the courts.edit on 28-1-2014 by Xcathdra because: (no reason given)
Deployed without proper regulation, drones equipped with facial recognition software, infrared technology, and speakers capable of monitoring personal conversations would cause real harms to our privacy rights. Interconnected drones could enable mass tracking of vehicles and people in wide areas. Imagine the personal information it could gather if deployed over a political rally or gun show. A tiny drone called the Hummingbird, developed for stealth surveillance, has a wingspan of only 6.5 inches and weighs less than a single AA battery. This could go completely unnoticed while peering into the window of a home or place of worship.
lacrimoniousfinale
reply to post by matafuchs
Would the police have needed a warrant to go out in a helicopter or police car to look for the guy? Would they have needed a warrant to use tracker dogs to hunt him out?
y if it falls out of the sky and kills someone.
matafuchs
The point here I am trying to make is that this sets precedent and an interpretation of the law that is enforced at a Federal level. Surveillance without a warrant is what it is.
I am not against drones for search and rescue, or chasing a bank robber or a car thief. These are immediate issues. However I do have an issue with eye in the sky surveillance that can be used without a warrant. Again, it is how one would read the law and in the legal world that is how it works.
That for surveillance, a drone can be called in without a warrant to me is not right. They cannot tap his phones to find him without a warrant. They cannot encroach upon his land without a warrant so why should local law enforcement be able to use one to scout your land without authorization? There was a case earlier this year where a man who was 'thought' to be preparing to create meth was arrested based on someone telling the police he 'may' do it. NO WARRANT.
So, in that same case, if they 'thought' he was going to do something and they used this as surveillance without a warrant, is that legal and/or should it be?
F4guy
lacrimoniousfinale
reply to post by matafuchs
Would the police have needed a warrant to go out in a helicopter or police car to look for the guy? Would they have needed a warrant to use tracker dogs to hunt him out?
The answer to that is "no". No warrant needed if something is in plain sight. If you have something in plain sight there is no expectation of privacy. Of course, a warrant is needed to enter onto private property but the airspace above real estate is not privately owned.edit on 28-1-2014 by F4guy because: beserker keyboard
It will be followed by three more and you will be totally screwed. Drones don't look much like ducks.
What if you hunt birds & accidentally shoot it down as a mistaken meal?
BurningSpearess
OK, so for the sake of argument, let's assume:
1. Drone has no bells & whistles technology, i.e., infrared/facial recog., et.
2. Drone, however, is so small that it can be easily fit into a backpack
3. Drone, unlike most airplanes/helicopters, cannot be detected by someone (lack of hearing or seeing it) being observed by LEOs....in fact, it blends in with the many natural birds outside....
Based on the above, by virtue of the bird/drone being in airspace, then no warrant is needed?
So the warrant trumps the right to privacy on one's own land & property?
Expat888
Under the regime in amerika warrents and rights are a thing of the past .. surprised they only jailed him rather than launching a missile from the drone.
matafuchs
The point here I am trying to make is that this sets precedent and an interpretation of the law that is enforced at a Federal level. Surveillance without a warrant is what it is.