"I'M IN MY YARD!" Officer's detain drone pilot

[RCdancer]

 

[Thomas B]

Three year old video.
Newer FAA regs in place. Vid cites 107 for a recreational flight.... Police now have formal instructions from FAA on how to investigate and report if FAA regs are felt to be violated.

 

[RCdancer]

The video may be old, but I believe the accompanying legal analysis is new and worthwhile to understand - only posted last month.

 

[brett8883]

I don’t see how US vs Causby is relevant in this situation. The ownership of the airspace above his property is not in question here. I fail to see how materially different this would be if he was flying outside his property line. The police didn’t own the airspace above them that is not in question either.

The question here is if flying a drone at 4am in the vicinity of police officers investigating a crime while wearing a ballistic vest with an AR-15 strapped to your shoulders is reasonable suspicion for said police officers to *edit: detain* you. The answer is undoubtedly yes.

 

[LazerMan]

I disagree. If your on your own property , I don't care what time it is if your not breaking any laws they have no right at all to arrest you.Remember Suspicious is not a crime. and unless you have committed a crime theres no grounds for arrest period!!

 

[Paci Fista]

As Obelix would say "ils sont fous ces Americains"

 

[MBurris]

I don’t see how US vs Causby is relevant in this situation. The ownership of the airspace above his property is not in question here. I fail to see how materially different this would be if he was flying outside his property line. The police didn’t own the airspace above them that is not in question either.

The question here is if flying a drone at 4am in the vicinity of police officers investigating a crime while wearing a ballistic vest with an AR-15 strapped to your shoulders to reasonable suspicion for said police officers to arrest you. The answer is undoubtedly yes.

Detain and question - yes. Arrest - no.

 

[brett8883]

Detain and question - yes. Arrest - no.

Yes ***detain*** thank you!

 

[dan.utinske]

I disagree. If your on your own property , I don't care what time it is if your not breaking any laws they have no right at all to arrest you.Remember Suspicious is not a crime. and unless you have committed a crime theres no grounds for arrest period!!

You are right "suspicion" is not a crime; however if the police are investigating a crime scene and come across an obvious moron like this then probable cause can be assumed. If I'm a police officer (especially investigating a domestic dispute) my safety and the safety of others is first and foremost. The drone being flown near a crime scene by and inidividual dressed like he's going to war is definitely probable cause; he's lucky they just didn't shoot him assuming he was a perp or would be a perp. In so many ways this is absurdity at it's worse. He represents the drone community, gun owner community and home owner and in one quick stupid action does a bang up job of making us all look like idiots.

 

[bcfd29]

You are right "suspicion" is not a crime; however if the police are investigating a crime scene and come across an obvious moron like this then probable cause can be assumed. If I'm a police officer (especially investigating a domestic dispute) my safety and the safety of others is first and foremost. The drone being flown near a crime scene by and inidividual dressed like he's going to war is definitely probable cause; he's lucky they just didn't shoot him assuming he was a perp or would be a perp. In so many ways this is absurdity at it's worse. He represents the drone community, gun owner community and home owner and in one quick stupid action does a bang up job of making us all look like idiots.

Interaction was solely based on a need to evaluate and determine if in fact a threat existed and on the basis of officer and community safety. Absent a long gun and ballistic armor the contact would likely have been much different. Well trained PD here.

 

[L.Bro]

Once he saw it was the police at his neighbors house on a call, he should have just went back in his house. But no, he just had to be nosey and see what was going on. Just let the police handle what they came for. That whole encounter could have been avoided. He drew the attention to himself. To many times people just want to unneccesarily flex their rights against law enforcement. This is just my beliefs

 

[Deleted member 114292]

I disagree. If your on your own property , I don't care what time it is if your not breaking any laws they have no right at all to arrest you.Remember Suspicious is not a crime. and unless you have committed a crime theres no grounds for arrest period!!

It doesn’t matter if you’re on your own property or not. Not only can they arrest you they can take you downtown and put you in jail for up to 72 hours without even charging you.
I have no idea what you’re thinking but that’s not how it works.
In this case they had every right to detain him for as long as they wanted.
The whole video is a bunch of BS.

 

[Peter Hughes]

In the U.K. both the Police AND a citizen may arrest someone if they know the person concerned HAS committed an arrestable offence or is COMMITTING an arrestable offence.

A Police Officer has one further power and that is to arrest if he believes an arrestable offence is ABOUT to be committed.

Looking at the circumstances it would be reasonable for the Police Officer to believe this guy MAY be about to commit an offence....not sure as I’m in the U.K. but as common as firearms are in the US it can’t be that common to see a drone pilot dressed in a ballistic vest with a rife slung across his back at any hour of the day, let alone 4am!

In a situation like this, full of tension, things can go from bad to worse very quickly. The idiot pilot got what he deserved and the Police Officer deserves recognition for not overreacting.

 

[Blume TMS]

For good or bad at least in the U.S. a police officer has the defense of if he or she felt threatened.... and can take appropriate action... detain.. arrest... use of deadly force even from that point on and afterwards it will be up to the courts with the help of any witnesses that remain as to who was right or wrong... my father always quoted a 'nautical' rule in this situation... the boat that is left was right.

 

[Chip]

I disagree. If your on your own property , I don't care what time it is if your not breaking any laws they have no right at all to arrest you.Remember Suspicious is not a crime. and unless you have committed a crime theres no grounds for arrest period!!

If the police could not arrest or detain anyone without proof beyond reasonable doubt that a crime was committed then there would be no need for courts or trials. Many states (even open carry states) have weapon brandishing laws that allow for subjective interpretation of whether someone's words or actions while armed are perceived as threatening.

 

[Chip]

Here is Washington's brandishing law:

RCW 9.41.270
Weapons apparently capable of producing bodily harm—Unlawful carrying or handling—Penalty—Exceptions.
(1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

Note there are two parts to rule: (1) "intent to intimidate" and (2) "warranting alarm for the safety of others." The "warranting alarm" is a subjective standard which gives LEOs discretionary authority to consider perceptions of behaviors and statements regardless of what the person actually intended.

 

[dirkclod]

Lets not turn this discussion into anything firearm related guys.

 

[LazerMan]

It doesn’t matter if you’re on your own property or not. Not only can they arrest you they can take you downtown and put you in jail for up to 72 hours without even charging you.
I have no idea what you’re thinking but that’s not how it works.
In this case they had every right to detain him for as long as they wanted.
The whole video is a bunch of BS.

you have no clue no arrest can be made unless you committed a crime. OK sure they can do all that but then get sued for a lot of money . see it happen all the time. I can see a bunch of brainwash people believing the Gov can do what ever they want and get away with it. If you don't stand up for your right they will be taken. Its so sad to see so many people just give in to tyranny and bullies with a badge. I'm gonna fly my drone when ever and where ever I want to as long as it a a legal place to fly. I don't care if the cops are across the street cause a guy is beating his wife. As long as I'm not doing anything illegal theres not much they can do legally.

 

[bushie]

you have no clue no arrest can be made unless you committed a crime. OK sure they can do all that but then get sued for a lot of money . see it happen all the time. I can see a bunch of brainwash people believing the Gov can do what ever they want and get away with it. If you don't stand up for your right they will be taken. Its so sad to see so many people just give in to tyranny and bullies with a badge. I'm gonna fly my drone when ever and where ever I want to as long as it a a legal place to fly. I don't care if the cops are across the street cause a guy is beating his wife. As long as I'm not doing anything illegal theres not much they can do legally.

Some years ago I was doing a training course for investigators. The course was run by the police a the state police academy. One of the old sergeant/lecturers told us one day that he guaranteed that if he followed any of us for 15 minutes he could find some crime we had committed. If they want to they can get you.

 

[dirkclod]

Some years ago I was doing a training course for investigators. The course was run by the police a the state police academy. One of the old sergeant/lecturers told us one day that he guaranteed that if he followed any of us for 15 minutes he could find some crime we had committed. If they want to they can get you.

You are 100% correct.