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The Use Of Drones In Law Enforcement

| Technology

Drones have been common in news stories focused around overseas military operations for years, but only recently are we starting to hear that drones may soon be a common feature in U.S. domestic airspace.

For law enforcement, this technology is incredibly exciting, but the excitement is being tempered by growing public concerns and legal issues. Where in previous years the ability to conduct aerial surveillance has been limited by manpower and overall cost, drones are radically changing the game.

Drone Types and Capabilities

Drones can vary greatly in size, from large fixed-wing aircraft to miniature versions the size of a small bird. At the large end of the spectrum, the Predator B drone that often appears in the news is the size of a small passenger plane. Its large size makes it somewhat restrictive for use by local police departments, who tend to favor craft like the ScanEagle with a wingspan of only a few feet.

Smaller still is the Nano Hummingbird, with a wingspan of about 6 inches. Intended for use in stealth surveillance, it can travel in any direction, giving operators the ability to, for instance, fly up to a window for a concealed look inside.

It is the smaller types of drones that are of the most interest to law enforcement departments. Their small size and low cost provide agencies the prospect of an inexpensive and effective way to monitor situations without detection. As electronics experience significant decreases in prices, smaller surveillance technologies become more affordable for local police departments.

At some point, this may mean that local police departments may have the capabilities to use drones as part of an everyday aerial surveillance program in towns across the country.

The capabilities of drones can vary significantly by model. Some models are capable of flying over cities with high-powered cameras and advanced zoom lenses with night-vision capabilities.

More advanced still, are those with the technology to see infrared movement through walls or ceilings. While this can provide law enforcement officials with an unprecedented look into criminal environments, it also raises the question of the degree to which privacy may be invaded by such technologies.

FAA Involvement and Legal Issues

Thus far, the FAA has chosen to restrict the use of drones in domestic airspace, citing concerns over safety and the potential for privacy infringement. Drone technology is still relatively new, after all, and government data shows drones with 7 times the accident rate over general aviation.  

However, with aerospace companies seeing a significant market for drone technology in national airspace, FAA regulators are coming under significant pressure from industry advocates and their congressional backers. Many law enforcement agencies have already gained tacit approval to explore the use of drone technology for blanket surveillance of an area. It will likely not be long before this approval is extended to the use of high technology, miniature drones that can significantly increase the amount of surveillance being done.

The legal issues of privacy at stake here are wide-ranging and complicated, and the Supreme Court has not yet ruled on whether or not drone surveillance is prohibited by the Fourth Amendment. While the court has made several rulings that deal with manned aerial surveillance in favor of law enforcement’s ability to gather data, it has not yet ruled on unmanned surveillance. Regardless of the legal decisions, however, it is clear that industries are innovating so rapidly that new questions will continue to arise as technologies are further developed.

Naturally the question becomes: To what extent are we willing to sacrifice our privacy to grant law enforcement the ability to gather information? 

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Article by: Mike Gillam, Senior Investigator