Dealing with local and state law enforcement (US)

[JohnLietzke]

In my case, I was flying near a RR track. Someone called the police. The police officer that was sent dealt with a prior incident where a drone commited an act of terror over a nearby railroad station. I could hear the tension in the officer’s voice as he commanded me to let go of the controls. As it was “rush hour” it would have been a disaster to let the drone fly away and distract local traffic.

That WAS TENSE. I cooperated and went to the police station in a patty wagon to get booked. Had I been accused of terrorism, life as I know it would have changed. I had to pay $4000 to put a lawyer, who knew nothing about drones or FAA law on a retainer. The case was thrown out because my video showed that I was not flying from RR property as accused. But ... the ill will toward drones led the judge to fine me a lessor included offense (similar to if I did not mow my lawn and degraded the neighborhood) of $900. I have never in my life had any issue with the law and my father-in-law was a former justice of the peace in this town. That did not matter. This incident was a total act of mis-justice. We need a national legal support center to turn to.

Now, I only fly in unpopulated country side far from the maddened crowd.

I happen to agree with Vic Moss on the merit of the charge. It sounds like they used a municipal code or ordinance violation to plea the case.

Railroads typically fall under three types of jurisdiction State, Federal and Independent. The first two are self explanatory but here is an example of an independent jurisdiction. Amtrak, Bart in the Bay Area, California or the New York Metropolitan Transit Authority are independent jurisdictions that the have ability to enact laws to protect the safety and integrity of the transit operations. In addition, to the legislative and regulatory authority many independent jurisdictions such as open space and preserve management have the ability to maintain and operate law enforcement agencies. These law enforcement officers are not rent-a-cops. They are state or federal peace officers just like any other police officer they are not bound by jurisdiction when a crime occurs.

I do not know which state this occurred in or which responding and arresting agencies were involved. But terrorism charges usually have a high burden of proof and typically bookings of this type do not happen. It is most often, if not exclusively in practice, the District Attorney or Federal Prosecutors that bring the charge of terrorism not the arresting agency.

Out of curiosity was it a Railroad Police agency that made the arrest? There are some many jurisdictions and over lapping jurisdictions.

On the plus side, you are protected by double jeopardy and can never be charged again for that incident. If the charges were dropped and something unfortunate happed in the future then they could be refiled.

I would not pursue the issue further or simply ask for a reduction in fine based the community service efforts you are doing by informing other fliers of the importance of maintaining a safe buffer from Rail Roads and to research the municipal codes and ordinances of the surrounding area in which they will be flying.

Droneology​

Yes, I would appeal that fine and tell them to produce the harmed person, accuser, or damage. No big deal, but no harm no foul. Truly bogus

Harm and damage is not a factor more than likely as there are so many individual jurisdictions with all kinds of additional laws that are often times difficult find. The accuser is arresting peace office that witness the alleged offender in the act of flying.

Vic Moss referenced and was involved with a federal case, Singer v. Newton which may turn out to be a precedence setting case on jurisdictional airspace and UAV laws the exceed the FAA's regulations.