Drone taken away by police in US?

[_supdns]

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

I flew my drone all over iceland. Nice country. Can you bring the prices down please?

 

[_supdns]

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.

Im wondering how loosely the legal verbiage has been applied to real world cases

 

[_supdns]

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.

Who said anything about smashing their drone? You must be lost.

 

[Chip]

If the police came to my house to sieze my drone I would smash it with a foot stomp on the way across the living room. Because like someone else said I’m probably not getting it back and I’ll be **** sure that no one else will get to use it.

This is what I was referring to. I don't think I am lost.

 

[Chip]

Im wondering how loosely the legal verbiage has been applied to real world cases

All I can tell you is there was a guy in Seattle who crashed his Phantom while flying over a parade in downtown Seattle. The police seized the drone and launched a criminal investigation to identify the owner/operator who tried to retrieve his drone but then fled the scene. He was eventually tried and convicted of reckless endangerment. That is about as real world as it gets.

 

[Squamer]

This is what I was referring to. I don't think I am lost.

I can just remember as a kid police trying to take things from us they had no legal reason to because they thought we didn’t know better. We were taught by our parents to comply and respect the officers. So to me education of what my rights are and the actual laws now are important and it seems with drones it’s a little Grey between who knows the laws and who controls them FAA or common police man. I see many police while flying and I haven’t met any who have known the laws, they’ve actually asked me what they are. I’ve also never had an issue with any yet as they question and are curious about the tech and then move on. Sadly I’m sure it does happen where a cops just being a jerk and forcing someone to hand over property when there isn’t a legal requirement to. You see it on YouTube all the time. So yes, to me you have a pretty good idea if you’re doing something wrong. If not I have no intentions of handing over my property without proper paperwork. Just my .002

 

[Doug Lare]

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

I'd be astonished if any police officer would even think to get involved in that kind of activity, unless his/her politically motivated boss instructed that kind of action. Then, the proper response would be an apology, and leave the area immediately, whether or not you were actually violating any law. Just the easy way out.

 

[brichter]

Here's the skinny: 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.

This is incorrect. Any item "seized and submitted for safekeeping" is released to the owner when they are released from custody or immediately thereafter (e.g. if released on a weekend, the owner might have to wait until the next business day if the department where it was being stored is not open at the time of their release), as there is no longer a need to keep the item for safekeeping. To keep it after that point would be illegal, and leave your department liable for damages and recovery costs (including any legal fees) suffered by the owner.

 

[k9x9]

If the police came to your house to seize your drone, they’d need a warrant to enter your residence, search and then seize your drone. In order to get a warrant, they would need Probable Cause that a crime was committed in order for a judge to even sign it. So please don’t smash the drone...it’s not that serious.

Let's be real: the law has never stopped police from doing whatever the heck they feel like doing.

 

[Lil' DronePilot]

This is incorrect. Any item "seized and submitted for safekeeping" is released to the owner when they are released from custody or immediately thereafter (e.g. if released on a weekend, the owner might have to wait until the next business day if the department where it was being stored is not open at the time of their release), as there is no longer a need to keep the item for safekeeping. To keep it after that point would be illegal, and leave your department liable for damages and recovery costs (including any legal fees) suffered by the owner.

Well that be the case where you are at. But I can assure you that is not the case where si am as arrest are booked at a centralized facility I. Which a drone wouldn’t be considered standard personal property like a wallet or money. So it would be taken to evidence control in a building separate from centralized booking and the proceedings to reclaim your property as I mentioned would apply. There are protocols to every agency and not saying that where you live is not done the way you have described but I can assure you that is not the way it’s done where I am.

 

[Lil' DronePilot]

Let's be real: the law has never stopped police from doing whatever the heck they feel like doing.

And now that’s why you see more of those incidents on tv. With the increase use of body worn cameras, cell phone cameras ect. doing things wrong because you felt like or didn’t know is no longer acceptable.

 

[Classic flyer]

It's a police state....the whole world is just one big POLICE STATE!!!!!!!!!!!!

 

[98 SNAKE EATER]

Closest I've come was a warning while flying on the western tip of Fire island

For those that know the area, it's wide open with practically no one around.

This was the first and only time I've ever seen Police on patrol out there in the last decade and they just happened to pop up as soon as I took flight

 

[Afremont]

Apparently it's not a no fly zone, or it wouldn't have taken off. Looked like you were a whopping 20' up and even closer laterally. What did they say exactly?

 

[98 SNAKE EATER]

They basically rolled up and said no drones allowed due to Fire Island resident complaints.

Thing is, the closest community on Fire Island (Kismet) is a good 6 miles away.

They also said it was possible that I could get a daily permit in order to fly and to contact the park office, but the lady there basically said no drones allowed anywhere on the island.

 

[RickMC]

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.

Even if the school is 5 miles from an airport it still isn’t illegal to fly over it unless you are flying directly above people.

 

[Afremont]

They basically rolled up and said no drones allowed due to Fire Island resident complaints.

Thing is, the closest community on Fire Island (Kismet) is a good 6 miles away.

They also said it was possible that I could get a daily permit in order to fly and to contact the park office, but the lady there basically said no drones allowed anywhere on the island.

That doesn't much sound like an actual law being quoted, it sounds more like "the rich folks that pay us don't like it, so we don't like it either". Is this private property? I'd be inclined to ask them officially where the law stands on it. If you don't exercise our rights, we eventually won't have any. Fifty five years of life experience have taught me that the authorities are constantly testing the boundaries, citizens need to push back a little to keep them in place.

 

[Classic flyer]

That doesn't much sound like an actual law being quoted, it sounds more like "the rich folks that pay us don't like it, so we don't like it either". Is this private property? I'd be inclined to ask them officially where the law stands on it. If you don't exercise our rights, we eventually won't have any. Fifty five years of life experience have taught me that the authorities are constantly testing the boundaries, citizens need to push back a little to keep them in place.

Well said sir, well said

 

[Taylor1430]

That doesn't much sound like an actual law being quoted, it sounds more like "the rich folks that pay us don't like it, so we don't like it either". Is this private property? I'd be inclined to ask them officially where the law stands on it. If you don't exercise our rights, we eventually won't have any. Fifty five years of life experience have taught me that the authorities are constantly testing the boundaries, citizens need to push back a little to keep them in place.

While I agree with what you said about testing boundaries, however, I'm assuming this is the same Fire Island National Seashore which falls under National Park Service. If this is the case, NPS claims to ban drones unless the superintendent of each park issues a permit (which they do not have to do).
To see "where the law stands on it", take a look at:
Unmanned Aircraft in the National Parks (U.S. National Park Service)

 

[Afremont]

If that is an official national park, that's different. That said, nothing in the author's post elluded to that. He didn't say park police hassled him and he didn't say they claimed it was illegal for him to fly there. My statement was based on the face value of the post.