Drone taken away by police in US?

[Alky1229]

I was at the DJI store in Times Square yesterday and the staff was telling the new owner of a phantom cops will fine and confiscate if flown in NYC. Although i also wouldnt recommend flying in manhattan, there are tons of photos and videos of people doing so.

They were just looking out for people and giving them a heads up which is cool. All of Manhattan is pretty much a no fly zone that’s why they said that. Plus most of Manhattan is with 5 miles of LGA or JFK airports.

 

[eroomomni]

Here’s the skinny... in my opinion we have better things to do than going around seizing drones...like 341 murders, people carrying illegal guns/ drugs, domestic violence, carjack ya, robberies and a opioid overdoses up the—. Where I work there aren’t really any ordances other than the common sense FAA regulations that we all know. I guarantee you that the ordinary cop doesn’t know FAA regulations, suggestions;per 107 from hobbyist, unless he too is a UAV pilot. If you are out flying like an *** orifice endangering property or people’s safety and get caught, you bet your *** you are going to get a stern talking. If you continue, then we have the good ole’ failure to obey a lawful order at which point you could be arrested. (I don’t make the laws and if you want to argue it, I’m not a lawyer a judge or politician) Your drone can’t go to jail with you. It will get seized and submitted for safe keeping. That is only temporarily and you can get it back. It’s a PITA, but you can. It’s a quick I’ll never do that again type of lesson. So if an arrest is made, I’d say that would be the only way to seize the drone temporarily... “for safe keeping”. Other than that, I don’t see any scenarios where an officer would just seize your drone for being an *** other than obvious illegal intentions such as a drone altered to inflict bodily harm or mass casualties. That has always been a fear of LEO during large social gatherings. For the most part, most...not all but most LEO will not direct attention to you unless is warranted. For the few that do, maybe they are uneducated on the actual laws and regulations, have nothing else to direct their attention to or are just plain ole’ “that guy.” I can assure you that most aren’t. Again, where I come from 341 bodies outweights being the drone police. This is my humble opinion based on 24 years of experience. Not saying that it can’t happen.

Here is a tip: best way to never find out, don’t be an *** fly safe and enjoy!

Thank you for your insight. Good advice. I still wish someone would put together a well-worded, legally accurate list of "5 Reasons I Can Legally Fly Here". This list would, of course, only apply if the pilot were in compliance. However, it would be a concise, handy pocket reference guide that can be read to any wanna-be cops that don't have a clue about our right to fly. It would state, among other facts, that certain areas above ground are not necessarily "private property", areas that are not designated NFZs are allowed flying below the maximum altitude, that the flying is not, above people or traffic, not in a National Parks, etc. This document would reference FAA documents, etc. Having a reference tool like this would be a watershed moment in many drone pilots lives, easing the paranoia and providing a confidence in doing what is right.

 

[Doug Lare]

I haven't had anything like that occur.

I would be curious under what authority you would think they would be able to confiscate it. Even if you were violating some actual law, that likely would not give them authority to seize your property.

They don't impound your car if you are driving recklessly.

They can ALWAYS be taken as evidence, before a hearing

 

[DroneJI]

So I guess the answer is no one in this forum has had it actually happen yet, or even have any anecdotal reference to it actually happening .
Just a lot of what if's etc ...

Not in this forum but there are people that posted videos on YouTube that had their drones taken by police for evidence one was a Canadian flying near Area 51 the cop was ordered by Homeland or another agency I forget exactly to confiscate it!

 

[Doug Lare]

Police do confiscate anything they feel is a threat to public safety, someone said they can’t confiscated a car just because the driver is reckless! Yes they can depending on what jurisdiction they’re in! I know this to be fact I worked part time for a local and state contracted towing company I was ordered to take possession of quite a few vehicles and other items like a electric wheelchair (that was being used to obstruct traffic) so yes the police can confiscate a drone without the FAA! If it’s considered a nuanced or hazardous to the public! Then you will have to take it up with a judge or magistrate again depending on if you in a state or commonwealth?

I have had towed, vehicles from DWI, Reckless driving, even parked that created a danger to lawful users of property. If someone were using a drone to "spy" on say a girl sunbathing, or flying low over groups of people, students in a playground for example, I'd take the drone pending trial and subsequent returning the drone or destroying it, pursuant to DA's instruction

 

[Harrier]

No I have not.

 

[The Kid]

I was at the DJI store in Times Square yesterday and the staff was telling the new owner of a phantom cops will fine and confiscate if flown in NYC. Although i also wouldnt recommend flying in manhattan, there are tons of photos and videos of people doing so.

If any law enforcement agency came to confiscate ***ANY*** piece of equipment from me, they had best have a court order or they won't get anything from me.

 

[Thorhallur Palsson]

Never happened here in Iceland, as far as I know.

 

[Classic flyer]

Here’s the skinny... in my opinion we have better things to do than going around seizing drones...like 341 murders, people carrying illegal guns/ drugs, domestic violence, carjack ya, robberies and a opioid overdoses up the—. Where I work there aren’t really any ordances other than the common sense FAA regulations that we all know. I guarantee you that the ordinary cop doesn’t know FAA regulations, suggestions;per 107 from hobbyist, unless he too is a UAV pilot. If you are out flying like an *** orifice endangering property or people’s safety and get caught, you bet your *** you are going to get a stern talking. If you continue, then we have the good ole’ failure to obey a lawful order at which point you could be arrested. (I don’t make the laws and if you want to argue it, I’m not a lawyer a judge or politician) Your drone can’t go to jail with you. It will get seized and submitted for safe keeping. That is only temporarily and you can get it back. It’s a PITA, but you can. It’s a quick I’ll never do that again type of lesson. So if an arrest is made, I’d say that would be the only way to seize the drone temporarily... “for safe keeping”. Other than that, I don’t see any scenarios where an officer would just seize your drone for being an *** other than obvious illegal intentions such as a drone altered to inflict bodily harm or mass casualties. That has always been a fear of LEO during large social gatherings. For the most part, most...not all but most LEO will not direct attention to you unless is warranted. For the few that do, maybe they are uneducated on the actual laws and regulations, have nothing else to direct their attention to or are just plain ole’ “that guy.” I can assure you that most aren’t. Again, where I come from 341 bodies outweights being the drone police. This is my humble opinion based on 24 years of experience. Not saying that it can’t happen.

Here is a tip: best way to never find out, don’t be an *** fly safe and enjoy!

I agree sir...safety is paramount

 

[Taylor1430]

Here’s the skinny... in my opinion we have better things to do than going around seizing drones...like 341 murders, people carrying illegal guns/ drugs, domestic violence, carjack ya, robberies and a opioid overdoses up the—

I work in a similar jurisdiction where it’s likely you’d never get your drone seized...too much going on. The only things I can really think of is instances such as peeping in your neighbor’s 3rd floor bedroom window or in the off chance, you capture a violent crime on video and their is evidence of said crime in your video.

Some cities may have city code that prevent the flying of drones. If this is the case, officers would have the authority to enforce the code and seize the drone as it was used as part of the “crime”. You’d likeky get it back after Court.

 

[ac0j]

I kind of feel like it would be treated like anything else.
You drive drunk, they tow your car, but you get it back
If you use ANYTHING to commit ANY crime, It is evidence and it WILL be taken. You may, or may not get it back.
Dont do illegal things, and you have no worries.

If any law enforcement agency came to confiscate ***ANY*** piece of equipment from me, they had best have a court order or they won't get anything from me.

LOL! "the kid" that explains it all. You can rest ASSURED that if law enforcement takes the time to come and confiscate something from you they will be carrying just the papers that they need to take it. OR your actions will be reason enough for them to take it. Yelling at them through a door and quoting what you THINK the laws are will not make the situation go any smoother.

 

[Chip]

I kind of feel like it would be treated like anything else.
You drive drunk, they tow your car, but you get it back
If you use ANYTHING to commit ANY crime, It is evidence and it WILL be taken. You may, or may not get it back.
Dont do illegal things, and you have no worries.



LOL! "the kid" that explains it all. You can rest ASSURED that if law enforcement takes the time to come and confiscate something from you they will be carrying just the papers that they need to take it. OR your actions will be reason enough for them to take it. Yelling at them through a door and quoting what you THINK the laws are will not make the situation go any smoother.

Yes, exactly, so if there is an allegation you flew recklessly, or trespassed, or invaded someone's privacy, or the drone has photos or video material to criminal investigation the police have the right to seize it. In my county there are state and federal judges on standby ready to issue search warrants as needed 24/7/365. Hiding or smashing the drone (or the data card) could lead to charge of tampering with or destroying evidence which can be a felony all by itself.

 

[beachcombing]

Flying over schools with students, staff and/or faculty is illegal...intentionally flying over any crowd of people is illegal unless you have a release to do so.

Please post a link to the law stating that is illegal to fly over a school.

 

[chadrob30]

Please post a link to the law stating that is illegal to fly over a school.

It probably doesn't exist. But obviously if any of the other laws are in play here such as the school being within 5 miles of an airport, etc, then it would be illegal.

 

[_supdns]

Law enforcement is authorized to seize evidence of a crime or evidence material to a criminal investigation. So, yes, they could seize your drone in various circumstances without a warrant. (Whether they then need a warrant to look at the photos, videos or other data stored on the drone is different issue). This happened to a guy who crashed a Phantom while flying over a parade in downtown Seattle a few years ago. He was convicted of reckless endangerment. The police identified witnesses and reconstructed the flight route using data stored on the drone which they seized at the scene.

Right, this is assuming there is a person being arrested. Anyone heard of a drone being taken without charges being brought up?

 

[_supdns]

So I guess the answer is no one in this forum has had it actually happen yet, or even have any anecdotal reference to it actually happening .
Just a lot of what if's etc ...

Right, im looking for actual experiences, but the lack thereof signals it might not be happening at this point

 

[_supdns]

They were just looking out for people and giving them a heads up which is cool. All of Manhattan is pretty much a no fly zone that’s why they said that. Plus most of Manhattan is with 5 miles of LGA or JFK airports.

Yeah, its tough to get anything done around here..

 

[_supdns]

Thank you for your insight. Good advice. I still wish someone would put together a well-worded, legally accurate list of "5 Reasons I Can Legally Fly Here". This list would, of course, only apply if the pilot were in compliance. However, it would be a concise, handy pocket reference guide that can be read to any wanna-be cops that don't have a clue about our right to fly. It would state, among other facts, that certain areas above ground are not necessarily "private property", areas that are not designated NFZs are allowed flying below the maximum altitude, that the flying is not, above people or traffic, not in a National Parks, etc. This document would reference FAA documents, etc. Having a reference tool like this would be a watershed moment in many drone pilots lives, easing the paranoia and providing a confidence in doing what is right.

Well then go make it!

 

[_supdns]

Not in this forum but there are people that posted videos on YouTube that had their drones taken by police for evidence one was a Canadian flying near Area 51 the cop was ordered by Homeland or another agency I forget exactly to confiscate it!

Welp thats a no brainer. Im considering confiscation in areas slightly less sensitive. Like a city.

 

[_supdns]

I have had towed, vehicles from DWI, Reckless driving, even parked that created a danger to lawful users of property. If someone were using a drone to "spy" on say a girl sunbathing, or flying low over groups of people, students in a playground for example, I'd take the drone pending trial and subsequent returning the drone or destroying it, pursuant to DA's instruction

Pending trial indicates an actual crime was committed, with the drone as a tool in the crime. Im talking something like an idiot innocently trying to snap a cool photo over a highway interchang