[FedCom] FAA Issues UAS Guidance for Law Enforcement

Tue Jan 13 08:42:30 EST 2015

Bill,
Local law enforcement has been sued by the US Justice Department for trying to enforce federal immigration laws, so I find it particularly offensive and hypocritical that the FAA is soliciting/enticing local cops to do their job. But in Dallas that is exactly what has happened. Texas law now prohibits drone operators from flying over persons or private property with the expressed intention of conducting surveillance. It is considered a misdemeanor if you don't immediately destroy any video taken from the drone if you realize you conducted a surveillance.
A recent DPD training bulletin instructs officers that flying a drone in Dallas Class Bravo (Love Field's airspace) surface area is against state law (doesn't specify why or how) and a violation of FAA regulations. The officer is instructed to seize the drone and controller and log it into the property room but doesn't mention what, if any, enforcement action to take against the operator.  I haven't been able to figure out if this "seizure" is justified based on the state law or because of the FAA's "policy" (notice i didn't say "FAA regulations" because the FAA hasn't legally created them yet) prohibiting drone flights in controlled airspace. If the officer deems the flight a violation of state law, remember I said he has to prove intent to conduct surveillance. Based on that the officer could write you a summons and seize your drone. If the seizure of the drone is based on the later, however, the seizure is clearly illegal because local LE can't enforce federal policies or regulations. It would be the same as seizing a pilot's airplane because he flew through Class B airspace without calling ATC, a local cop can't do that, period.
I can't wait for the first test case to see how this quagmire shakes out!
Mark

Sent from my Galaxy S®III

<div>-------- Original message --------</div><div>From: ~Bill <ecps92 at earthlink.net> </div><div>Date:01/12/2015  6:14 PM  (GMT-06:00) </div><div>To: 'Discussion of Federal Government Communications' <fedcom at mailman.qth.net> </div><div>Subject: [FedCom] FAA Issues UAS Guidance for Law Enforcement </div><div>
</div>

What can Law Enforcement do about unmanned aerial vehicle (UAV) or "Drone" calls?

See article and links:

https://www.faa.gov/news/updates/?newsId=81244

Bill - N1KUG

Boston, Mass

Cruise Ship Frequencies

http://scanmaritime.com/

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