Detained by Police, Threatened with Arrest!

[DronyCali]

I was visiting family in Nevada today. There was a large outdoor fair going on, so I decided to fly my drone overhead. I was approx 0.5 miles away sitting on the hood of my car operating the drone. Well 10 mins later 3 police cars swoop in around me as does a security company ATV. This guy in no uniform jumps out of the ATV and yells "here he is, here is this a-hole!!!". I threw my controller on my car seat. He approaches me very aggressive and he shoves me over the hood of my car with his hand against my chest. He then opens my car door and takes my controller (turns out he was not even a policeman he was a security guard!). Two uniformed policemen stand me up and start interrogating me. The tell me they are confiscating my drone. I ask if I've done anything illegal and they said "yes". The told me that in order to fly below 250' or over people, I need a permit. Then the security guard tells me that they are reporting me to the FAA for not having a "107 license". WTF is that? I registered my drone with the FAA and have my registration on me but don't have any "107 license". I was not doing anything commercial. I asked the policemen what statutes I violated. They immediately got on their phones and computers. 15 mins later they tell me two statutes, which they say are gross misdemeanors. I asked for the statutes numbers, which they gave me. When I got home I looked the statutes up... one is for catching fish that are too small and the other is for littering. WTF!!?? After 30 mins they gave me my drone back. Before sending me on my way they tell me "just get a permit, then you can fly anywhere and over people". They also told me they are reporting me to the FAA for being unsafe.

And the best part, as I was leaving to go into my car the one cop tells me that drones emit signals and the police watch all drone activity in real time.

What's the deal with these cops man? Are any type of permits required???

 

[Yaros]

What's the deal with these cops man? Are any type of permits required???

They just plain didn't know... I had a similar situation with cops as well a while back, but they confronted me after I already landed and was about to leave.

You don't need a 107 license as you're not doing anything commercial. Don't worry about it. But you can't legally fly over people, no matter at what altitude, same for moving vehicles. You DO need a permit to fly over people. Of course, you can fly below 250' without any license, what they said is just bs. Probably someone got annoyed by the noise the drone was making and called them. It was the same case for me, I guess.

They also told me they are reporting me to the FAA for being unsafe.

I don't think that's going to lead to anything, realistically, if you aren't reported multiple times, FAA won't do anything.

one cop tells me that drones emit signals and the police watch all drone activity in real time.

That part is true. It is called DJI Aeroscope, although discontinued currently, the units bought before march 2023 still work. It is a device that allows the police see which drones are flying in the radius of 50km (VLOS) around them, where they were launched, their serial numbers, name, and email of the pilot, etc...

The worst part about this, is that from September 2023 Remote ID will be required on any drone that is heavier than 250g, and most new DJI drones (Air 2S and newer) have it already working. That means that anyone with an app on their phone can locate you and your drone if they're about 2 km or closer.

 

[DoomMeister]

I strongly suspect this is clickbait, but given reasonable doubt you still need education in lawful drone operations.

From your description you were breaking at least one rule and that is flying beyond Visual Line of Sight. At 1/2 mile away most DJI drones would not be visible to the naked eye.

A recreational pilot now has to follow the rules of a Community Based Organization and I am not aware of any that allow you to fly over crowds such as the fair.

If this story is true you have a case for assault and battery by the security guard that manhandled you before the uniformed police arrived.

If this thread goes off the rails it will be closed down. So everyone measure your responses to this thread.

 

[Gagey52]

not a bad yarn there, mate, welcome to the forum. Have to agree with @DoomMeister here.
Regards

 

[thispilothere]

Assuming any of this is real, you've got a payday coming.

 

[TwoSticks]

I’m not saying you did or didn’t do the wrong thing flying but if you tossed your controller in your car I have to wonder if you felt you were doing something shady. If I’m being approached for doing nothing wrong I am confident as they arrive and simply ask how I can help them. Imagine, if you had your 107 when they asked they would have let you do whatever you wanted, which is interesting.

 

[Yorkshire_Pud]

If this story is true you have a case for assault and battery by the security guard that manhandled you before the uniformed police arrived.

Assuming this isn't a clickbait thread.
My understanding is that they cops were there and, as such, witnesses, possibly with dash cam video, could there also be a charge of illegal entry into the car?
The guard's mentioning of a 107 violation seems odd to me, it looks like the OP hadn't been asked if this was a commercial flight.

 

[DARKSeifer]

And there you have it, RID in its full splendor.

 

[Anthony Ivory]

Assuming any of this is real, you've got a payday coming.

Nope , This is normal in the USA. Thank God it wasn’t a traffic stop then they could have shot him. When he threw the controller in the car they had reasonable cause to search it.

 

[DARKSeifer]

I'd suggest everyone that whenever you are flying outside a private fenced property, wear a GoPro/bodycam or ideally, a 360º camera, and start recording as soon as anyone approaches and don't stop recording till you are alone again. Think of it like your personal dashcam.

That's the only defense you have, stay calm, don't stop recording, and most people will not do the idiot in front of a camera, specially if you suggest that you are on a live emission.

RID revealing your location can be picked as far as 3.5Km by any smartphone tablet using Drone Scanner or OpenDroneID, so whenever you fly, you become a target (a 3.5+ Km target). These confrontations will just go up until we are all out of the hobby, or at least, that's what they think will happen.

 

[Yorkshire_Pud]

When he threw the controller in the car they had reasonable cause to search it.

The police might have the authority to do that ..... but a security guard possibly in a public place?

 

[Yaros]

I'd suggest everyone that whenever you are flying outside a private fenced property, wear a GoPro/bodycam or ideally, a 360º camera, and start recording as soon as anyone approaches and don't stop recording till you are alone again. Think of it like your personal dashcam.

This

Works in the US, but at least in Spain this would be illegal. I don't know how about other EU countries, but the privacy laws in Spain are bs, basically you can't record someone without their permission, even in a public place like a park.

don't stop recording, and most people will not do the idiot in front of a camera, specially if you suggest that you are on a live emission.

Most people I've delt with get even more angry when they see they're being recorded. Most of the time I start recording audio on my phone so they won't notice, but the conversation will still be recorded.

 

[B52-D]

I think that this (clickbait or not) should serve as something we all can use to sharpen our communication response skills. We should have at least a mental checklist item to be prepared to be approached at any time by someone, with or without authority, who is not literate with the existing FAA regulations applying to drones. They will dictate what they want with the mindset that they know the regulations when in fact they don’t. We need to respond with regulation based data, FAA Reg Part 107 or 44809 and Advisory Circular 91.57 to verbally defend our operation, even having printed documents for show and tell. Be patient, stand your knowledge base ground, and do it all with respect. Education is your best response.
B-52D
~ Blue Skys & Happy Contrails

 

[Yorkshire_Pud]

A thought just occurred to me.
Why throw your controller on my car seat?
If the drone was in the air that would mean you have no control of it, which would seem a bad idea and possibly illegal.
The more I think about this the more I question.
What precisely does the OP mean by "fly my drone overhead"? Overhead what - the pilot or the crowd?
What precisely does the OP mean by "Well 10 mins later" - later than what?

How would anyone know the height of the drone and whether or not it was above or below 250ft?
For that matter, if the drone is over a crowd, does it matter what the drone's height is?

 

[4 inch pistons]

Trust certificate??? Copy of CBO safety guidelines also?

I keep a copy of both with me at all times flying. A good offense is a great defense. If you show you know the rules and have documentation prepared and a good attitude I think a lot of negative stuff can be avoided. Maybe not every case but many.

 

[360 Guy]

I love the statute part about catching fish to small.............ha..ha..ha.
Cops grasping at straws is all.
If you were so illegal they would have confiscated the drone and have you in lock up.
All BS

 

[DARKSeifer]

Works in the US, but at least in Spain this would be illegal. I don't know how about other EU countries, but the privacy laws in Spain are bs, basically you can't record someone without their permission, even in a public place like a park.

As long as they are not the main subject, the intended use is private and there are no kids around, which have extra protection, they can't legally do anything about it.

For example, if you are in a public place with a 300mm shooting portraits without at least a tacit pact of every subject, that would be illegal; but if you are with a 17mm-50mm shooting architecture/landscape, and people that appear in the shot aren't the main subject, that's legal.

So I can be in an area with no one around (the places where you are going to takeoff from, basically) recording me flying, for my private use, and if someone happens to approach and appear in the footage, they are not the main subject, so they won't be able to do anything about it.

Footage and gear is also protected, so they can't see it/touch your camera/take your card/etc on their own. And you don't need to warn them because recording yourself with your camera is not considered surveillance.

On camera surveillance areas you have to put a sign, but that's not the case for personal use videography/photography/drones.

Only if you intend to publish the pictures/videos and the subject is clearly identifiable, you'd need their permission (or you can just blur their face in postproduction).

That's why when shooting architecture on crowded areas, for example, you want to use a tripod, ND filters and long exposure times, To blur identifiable people away in a cool way right during production.

So in resume, it's totally ok to have your 360º camera recording yourself for private use in a public place and in an event that someone approaches, they can't really do anything about it apart from moving away from the recorded area.

PS: If the people who approaches are cops, say that it isn't recording, but keep it recording (indicator lights off ofc). You can use it as a proof in case you need it in the future.

 

[spsphotos]

Nope , This is normal in the USA. Thank God it wasn’t a traffic stop then they could have shot him. When he threw the controller in the car they had reasonable cause to search it.

As everyone else says, seems like clickbait. But to address this statement, he did not say the cops searched his car, he said the security guard went in and took it. There is NEVER a legal reason for a "security" guard to search your car, especially if it's not on private property. As for the cops searching, again, no legal precedent for doing so, especially if the controller was visible and could be seen as NOT a gun or other illegal item. But, given what I read:

1) THe poster is young...teenager most likely
2) THe poster is new to drones and like all newbies (we all were at one time), not aware of the rules and rights.
3) I find it very sus that the cops would give him two statutes for "fishing" or whatever.

But, I'm leaning toward BS on this one, to be honest, as it seems way over the top with nothing to back it up.

 

[Ty Pilot]

Without any accurate detail of the flight, all anyone can do is speculate. And coming on the heels of a recently shut down thread which discussed this very scenario - this thread does seem like trolling or clickbait.

Why not put all doubt to rest, and post the logs from that flight?

 

[SmilingOgre]

Don't tell me. Tell a lawyer. That's they only way you will get a reasonable assessment of the event.