Unmanned military aircraft are being used by a very select group of local law enforcement agencies to conduct surveillance from overhead without being detected. Civil liberties groups are concerned about what this may mean for privacy, while police are enthusiastic about having an additional cost-effective, high-tech tool in their arsenal.
A June 23, 2011 operation in rural North Dakota marked the first time civilians were arrested in conjunction with drone surveillance. The local sheriff, Kelly Janke, enlisted the assistance of the Predator B drone, under the control of the Customs and Border Protection Flying. Using the drone, the sheriff was able to view a large area and determine if a group of previously armed and dangerous individuals were present. The arrest found the suspects unarmed and the arrests went off without a hitch.
Since this incident, drones have been used in around 24 additional cases in North Dakota alone. Though a drone was first used by the Texas Department of Public Safety in 2009 prior to a SWAT raid, drone use by civilian forces didn’t catch the attention of people until the North Dakota case.
These Unmanned Aerial Vehicles (UAV) have been used successfully in Iraq and Afghanistan, according to this article from The Crime Report. Congress first authorized their domestic use by the U.S. Customs and Border Protection back in 2005 top monitor the border for immigrants and drug smuggling.
Local law enforcement agencies see the high-tech eye-in-the-sky devices as a more affordable and covert alternative to helicopters. The drones fly about 2 miles in the air and are undetectable from the ground by the naked eye. In addition, they cost around $50,000, which is significantly less than a helicopter and all of the maintenance and additional staff such equipment requires. As a matter of fact, it’s barely more than a new squad car.
The FAA has already loosened restrictions once on when a drone can be used by local law enforcement. Now, they are no longer required to ask permission and must simply notify the FAA. Of course, current laws regarding surveillance apply, but the drones present unique aspects not previously encountered by local law enforcement agencies.
Catherine Crump, of the American Civil Liberties Union (ACLU), is concerned that privacy is an issue that hasn’t yet been addressed by the agencies deploying drones. “Our privacy laws are not strong enough to ensure that the new technology will be used responsibly and consistently with democratic values,” says the report Protecting Privacy From Aerial Surveillance, issued by the ACLU.
The ACLU recommends the drones only be used when it is believed they can collect evidence on a specific crime. Also, if it is probable that the drone could infringe upon citizen’s privacy expectations, the report recommends a judicial warrant be required.
The use of military equipment in law enforcement is not a new occurrence, though it’s happening more and more frequently. The militarization of local police agencies is a movement that causes much concern about anyone who is remotely interested in protecting their own rights and the civil liberties of their fellow citizens.
When you are caught on the wrong side of the law, it can feel like you are an enemy combatant in a war. This is especially true if you are charged with a serious drug offense. If you are facing criminal charges, contact us to speak with an experienced local attorney.
About David Matson