How flying a drone led to an arrest....

[mavic3usa]

....for obstruction? Not sure of the exact charges.

Of course, Google couldn't wait to alert me about this so....here we go! I don't need to add my opinion, I think it is well-known how I feel but only to say I have concerns about allowing state and local law officials to enforce drone rules and regulations. Obviously there are certain exigent circumstances that are egregious and/or exceptional which require immediate action to avoid bad things from happening but I would prefer super-limited guidance from the FAA which is not only legal but also clearly defines the boundaries and processes in order to protect the rights of drone flyers.

Like most circumstances, no situation is perfect and the outcome can't always be ideal for everyone. What are your thoughts on what happened here? Is this what will become as new drone laws are passed at the state and local level?

(not me, not my video)

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[msinger]

What are your thoughts on what happened here?

Mistakes were made. The pilot accidentally flew into restricted airspace and forgot his ID at home. The takeaway? Always prepare before every flight and avoid antagonizing the authorities by claiming expertise and refusing to identify yourself.

I don't need to add my opinion, I think it is well-known how I feel

I doubt most people know how you feel. Feel free to share if you'd like.

 

[mavic3usa]

Mistakes were made. The pilot accidentally flew into restricted airspace and forgot his ID at home. The takeaway? Always prepare before every flight and avoid antagonizing the authorities by claiming expertise and refusing to identify yourself.


I doubt most people know how you feel. Feel free to share if you'd like.

Why do you think the prosecuting attorney dropped all charges?

My answer is because none of the charges were valid and the arrest was illegal. I realize he said the reason is because he didn't think he could win the case but that's just legal-speak. If someone commits a crime and you feel you can't win, you offer a plea bargain.

I'll let others chime in here before I give my opinion beyond that other than to say this is exactly why I don't want local law enforcement in charge of drone regulations because they are quick to arrest....for what? Flying a drone?

Otherwise, yes there were quite a few mistakes on both sides which is interesting since it appears he is part 107. I understand why the LEO made mistakes; that's what they do.

 

[msinger]

Why do you think the prosecuting attorney dropped all charges?

Or perhaps the better question is why did the pilot deliberately provoke the authorities, prompting them to seek his arrest in the first place? He certainly did himself no favors, even if he wasn't committing the crime of the century.

 

[DoomMeister]

mistakes on both sides, but the aggressive cop was a little dicktator.

Lesson 1) never fly without your TRUST/§107 certificate on hand.

Lesson 2) if flying near a stadium and an event is scheduled, land before the TFR goes into effect

Lesson 3) don’t tempt a little dicktator.

 

[msinger]

Lesson 4) Press and then hold the power button to power down your drone.

 

[mavic3usa]

Or perhaps the better question is why did the pilot deliberately provoke the authorities, prompting them to seek his arrest in the first place? He certainly did himself no favors, even if he wasn't committing the crime of the century.

The stop was concluded when the investigating officer told the flyer to have a nice day and he was free to go. If I were the pilot, I would have left and not look back even if a second officer said "hold on, wait a second, you're detained." It was an illegal detention at that point so the prosecutor knows that and he knows anything that happened after this "mistake" is irrelevant.

As I mentioned in other threads, it depends who you are because when the 2nd officer said STOP then the first officer should have stepped in; it was his scene, the investigating was over; people have rights. Everybody on site doesn't get a crack at you and when the flyer felt his rights were on the way to being further violated, this often comes off as "deliberately provoking the authorities." He said it twice, he was standing on his rights which shouldn't prompt the police to break the law and arrest you but I understand how a drone flyer standing on his rights is a bit different than let's say a thief standing on his rights.

It's not the crime of the century but this pilot still might get a letter from the FAA, he got arrested which could still affect him, and they almost caused a medical emergency and now he has to think about suing the university and other officers in federal court. He gave up this FAA authorization details (which I would have never done) but which gives the police everything they need to know to properly investigate this matter but their lack of proper training on FAA and drones, their desire to do whatever they were told over the radio/phone, and their need to see a Florida driver's license where there is no such FL statute that requires a drone operator to present a driver's license to operate a drone.

So they made up a crime to effect a warrantless arrest after multiple attempts to try to pressure him and coerce him into giving his name and address so they can put his name on a list, investigate him and the incident later because they don't know the rules now, and then probably send him an arrest summons later. I don't blame anyone for not wanting to open themselves up for that kind of lack of due process. It's a 4th amendment violation to demand someone's property with their consent in order to copy the serial number and get a picture of his drone at any point before and up until arrest.

This is what we have forward to look to when it comes to local drone enforcement. It's always difficult and perhaps confusing in the beginning and I think people can see and understand this but what I saw when those officers didn't get their way they just call it "obstruction" and make the arrest, that's bogus.

 

[Cafguy]

I Know in this neck of the woods he would have been told that its not ok to fly your Drone without a TRUST card (maybe he had it on his phone). I don't think the local police have any business policing federal laws tho, its not what I pay them for.
Asking for the ID is crazy since he was doing nothing wrong. Arresting him was a BIG Mistake.
Not sure whats gonna happen to the cops but they certainly need training!

 

[GadgetGuy]

Classic case of a violation of FWB ("Flying While Black!") and an Attitude Arrest.
There's the well known DWB (Driving While Black) and now we have the new FWB (Flying While Black). However, this was entirely an Attitude arrest, and a hotboxing of the arrested pilot to teach him a lesson, similar to the "waffle facing" of mouthy arrestees in the back seat, by jamming on the brakes, slamming their faces into the metal grid separating the backseat from the front. He could have died of heat stoke in the back of the police car in the 120° heat inside the police car during transport. Heat stroke begins with vomiting. Ignorantly assuming alcohol consumption was the cause of his vomiting in 120° heat was really naive!

Florida University Police are Campus Police Officers, and separate and distinct from the local City Police. They clearly need better training, and screening out of racist, punitive cops, and their sadistic superiors, who don't like their authority challenged.

Fortunately, University Police jurisdiction in FL is limited to 1000 feet outside the campus boundaries. Fly from more than 1000 feet away from campus, and you can avoid them completely.

Chapter 1012 Section 97 - 2011 Florida Statutes - The Florida Senate

www.flsenate.gov

As to the authority of the campus cops to ask for his ID, it appears they do. Refusal comes with legal consequences.

IS FLORIDA A STOP AND ID STATE? | Hager & Schwartz, P.A.

Explore Florida's stop and ID laws to understand when you must show your ID to law enforcement and how these rules affect your rights during a police stop.

www.defendyourbrowardcase.com

 

[CadrePilot]

1. He should've had his FAA credentials with him.

2. He never made it clear, but if I read between the lines correctly, it was clear airspace when he initiated his flight and when he got the warning, he ended his flight. It seems the officers believe he launched into restricted airspace. He should've told the officers that it was clear airspace up until a certain time, and he landed at that time.

3. Refusing to provide ID was stupid. If he truly didn't have it on him, he should've continued with that.

4. With #3 above, he should've stated I'm giving you what I can (in showing them the FAA auth).

 

[CadrePilot]

Classic case of a violation of FWB ("Flying While Black!") and an Attitude Arrest.
There's the well known DWB (Driving While Black) and now we have the new FWB (Flying While Black).

Incredible leap you're making. Sad.

 

[spsphotos]

Or perhaps the better question is why did the pilot deliberately provoke the authorities, prompting them to seek his arrest in the first place? He certainly did himself no favors, even if he wasn't committing the crime of the century.

There is a huge difference between provoking and standing up for your constitutional rights. This guy was not provoking anyone. He was calm, articulate and had a clear understanding of his rights. They had the photo of his drone registration number and a copy of his FAA lancc , both of which could easily be used to identity him. To me, case of flying while black. The one cop seemed to want to end the encounter, the other was a ****. There was no need for any of this. And the reason they dropped the charges is because they knew they wouldn’t win and if they went to trial and lost opened them to a lawsuit.

 

[Starz]

The knowledge I’ve acquired over more years than I care to admit is that LEO’s
want things their way and that avenue is not always the correct path.
I would hope that the arrested party would pursue legal action that would include some form of requirement that the entire involved police department receive requisite training for future similar incidents.

 

[msinger]

There is a huge difference between provoking and standing up for your constitutional rights.

It’s worth noting that this video was created by someone who appears to have a strong disdain for law enforcement. Even if someone has an in-depth understanding of US law (perhaps you do), the way this video is edited seems to heavily favor one side. It would be interesting to see the full, unedited footage.

That said, the video begins with the pilot being informed that he's flying in restricted airspace. He acknowledges this, yet oddly tries to argue that it's not illegal. This back-and-forth continues throughout the video, leading up to his arrest. The pilot's behavior also raises some questions. He records the officers, tells them when they should be reading him his rights, and even asks them to arrest him.

While he may appear calm in the video (though we don't know his typical demeanor), it certainly seems like he's trying to provoke them. At one point, he even states that he looks forward to suing them so he can upgrade his drone.

Are you sure you watched the entire video?

 

[Reginald E Johnson]

....for obstruction? Not sure of the exact charges.

Of course, Google couldn't wait to alert me about this so....here we go! I don't need to add my opinion, I think it is well-known how I feel but only to say I have concerns about allowing state and local law officials to enforce drone rules and regulations. Obviously there are certain exigent circumstances that are egregious and/or exceptional which require immediate action to avoid bad things from happening but I would prefer super-limited guidance from the FAA which is not only legal but also clearly defines the boundaries and processes in order to protect the rights of drone flyers.

Like most circumstances, no situation is perfect and the outcome can't always be ideal for everyone. What are your thoughts on what happened here? Is this what will become as new drone laws are passed at the state and local level?

(not me, not my video)

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What a bunch of Knobs! We should be tired of all these taxpayer funded windfalls!

 

[Cafguy]

. Refusing to provide ID was stupid.

In most cases I would agree 100% I myself have no problems giving my ID to Officers I am not a right fighter and I have no warrants so why not. BUT In the U.S. Just because you are asked for it doesnt mean you have to present it. They Must articulate a crime. As said I just give the police my ID when they ask. the pilot did kinda make things worse for himself by refusing. Unfortunately in the U.S. There are many people that have not gotten over the stupidity that someones skin color has anything to do with the kind of person they are. Sadly I think Flying while black may have played a small part in this.

 

[orionshooter]

There is a huge difference between provoking and standing up for your constitutional rights. This guy was not provoking anyone. He was calm, articulate and had a clear understanding of his rights. They had the photo of his drone registration number and a copy of his FAA lancc , both of which could easily be used to identity him. To me, case of flying while black. The one cop seemed to want to end the encounter, the other was a ****. There was no need for any of this. And the reason they dropped the charges is because they knew they wouldn’t win and if they went to trial and lost opened them to a lawsuit.

I don’t think going to trial and losing would have created a greater liability risk. In fact, the admission implied by dropping the criminal matter creates far greater exposure. This prosecutor threw these cop(s) under the bus by dismissing.

 

[DVPOWERS]

To that drone pilot - take the path of least resistance, shut the f*&% up, and say "thank you, officer", and be done with it. Why is this so hard?

 

[WobblingWillie]

He was arrested for "contempt of cop" cloaked in "obstruction of an investigation" (though there was no crime to investigate) and their "qualified immunity". Happens way too often.

 

[dart106]

....for obstruction? Not sure of the exact charges.

Of course, Google couldn't wait to alert me about this so....here we go! I don't need to add my opinion, I think it is well-known how I feel but only to say I have concerns about allowing state and local law officials to enforce drone rules and regulations. Obviously there are certain exigent circumstances that are egregious and/or exceptional which require immediate action to avoid bad things from happening but I would prefer super-limited guidance from the FAA which is not only legal but also clearly defines the boundaries and processes in order to protect the rights of drone flyers.

Like most circumstances, no situation is perfect and the outcome can't always be ideal for everyone. What are your thoughts on what happened here? Is this what will become as new drone laws are passed at the state and local level?

(not me, not my video)

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No ID. Not a responsible idea. Then, he starts arguing continuously and teaching the COPs. Could have very easily “be on your way” as the officer said repeatedly. The things more regulations are made of. Do it the easy way or the hard way. Cop an attitude and continue with the argumentative attitude; do it the HARD way.