The California Assembly has passed a bill
that would
require law enforcement agencies to obtain a warrant before
using a surveillance drone as part of a criminal investigation. The
bill specifically states:
(a) A public agency shall not use an unmanned
aircraft system, or contract for the use of an unmanned aircraft
system, except as provided in this title. This title shall apply to
all public and private entities when contracting with a public
agency for the use of an unmanned aircraft system.(b) A law enforcement agency may use an unmanned aircraft
system if it has obtained a warrant based on probable cause
pursuant to this code.(c) (1) A law enforcement agency, without obtaining a
warrant, may use an unmanned aircraft system in emergency
situations if there is an imminent threat to life or of great
bodily harm, including, but not limited to, fires, hostage crises,
“hot pursuit” situations if reasonably necessary to prevent harm to
law enforcement officers or others, and search and rescue
operations on land or water.(2) A law enforcement agency, without obtaining a warrant,
may use an unmanned aircraft system to assess the necessity of
first responders in situations relating to traffic accidents,
and to inspect state parks and wilderness areas for
illegal vegetation,
vegetation or fires.(d) (1)A public agency other
than a law enforcement agency may use an unmanned aircraft system,
or contract for the use of an unmanned aircraft system, to achieve
the core mission of the agency provided that the purpose is
unrelated to the gathering of criminal intelligence.
In addition, public agencies other than law enforcement have to
give the public reasonable notice that they plan to deploy a
surveillance drone and describe its capabilities. Images and other
information collected for public agencies by drones may not be
disseminated outside of relevant public agencies and must be
destroyed within a year if they are not obtained pursuant to a
warrant or if they are not evidence in any claim filed or any
pending litigation.
In addition, the legislation outlaws armed hunter drones:
Unless authorized by federal law, the bill would prohibit a
person or entity, including a public agency subject to these
provisions, or a person or entity under contract to a public
agency, for the purpose of that contract, from equipping or arming
an unmanned aircraft system with a weapon or other device that may
be carried by or launched from an unmanned aircraft system and that
is intended to cause bodily injury or death, or damage to, or the
destruction of, real or personal property.
The bill awaits a vote in California’s Senate. All states and
the federal government should require that law enforcement agencies
obtain a warrant based on probable cause before being permitted to
fly surveillance drones.
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