How the FAA know the pilot violate the reguation?

[MavicFlyer]

FYI - If you do delete the flight record you will be charged with tampering with evidence.

Food for thought... I'm not a lawyer, but consider the following:

You can be charged with anything, but getting convicted is a different matter. To be convicted, the government must prove ALL elements of the alleged crime...and I think we wouldn't want it any other way.

Think about it, how can you "tamper with evidence" , if you haven't been made aware that something -IS- evidence???
Some people collect all of their data files, and never delete them, but most people probably don't do that.

Since when is a UAV pilot required to retain all flight records??? If you've received a subpeona, and then destroy the subject of the subpeona, that would be illegal, but again, the governent would have to prove all the elements of the crime, in a court of law.

 

[Deleted member 114292]

Food for thought... I'm not a lawyer, but consider the following:

You can be charged with anything, but getting convicted is a different matter. To be convicted, the government must prove ALL elements of the alleged crime...and I think we wouldn't want it any other way.

Think about it, how can you "tamper with evidence" , if you haven't been made aware that something -IS- evidence???
Some people collect all of their data files, and never delete them, but most people probably don't do that.

Since when is a UAV pilot required to retain all flight records??? If you've received a subpeona, and then destroy the subject of the subpeona, that would be illegal, but again, the governent would have to prove all the elements of the crime, in a court of law.

You’re so wrong.

“In one Florida case, a defendant went to jury trial on three charges after he deleted a video on his cellular telephone. He was charged with and found guiltily of tampering with evidence contrary to 918.13, Florida Statutes (2013).”

Google it there’s hundreds of examples.

 

[Motorcycle Rider]

You’re so wrong.

“In one Florida case, a defendant went to jury trial on three charges after he deleted a video on his cellular telephone. He was charged with and found guiltily of tampering with evidence contrary to 918.13, Florida Statutes (2013).”

Google it there’s hundreds of examples.

And then...?

I bet it was barely a slap on the wrist.

You guys make it sound like you will get 75 years in prison, or the gas chamber.

 

[Deleted member 114292]

And then...?

I bet it was barely a slap on the wrist.

You guys make it sound like you will get 75 years in prison, or the gas chamber.

“
Penalties for Evidence Tampering
A conviction may include a combination of the following: Jail up to one year for a state misdemeanor conviction. State prison for up to 20 years for felony tampering with evidence. You may be ordered to pay as much as $10,000 on a state conviction.”

 

[Motorcycle Rider]

“
Penalties for Evidence Tampering
A conviction may include a combination of the following: Jail up to one year for a state misdemeanor conviction. State prison for up to 20 years for felony tampering with evidence. You may be ordered to pay as much as $10,000 on a state conviction.”

Up to is the key part.

You would have to have deleted a video of a high ranking person being assassinated to get a year.

 

[Deleted member 114292]

Up to is the ney part.

You would have to have deleted a video of a high ranking person being assassinated to get a year.

I’ll give you one thing you’re right you’re certainly not a lawyer

 

[suade8880]

You’re so wrong.

“In one Florida case, a defendant went to jury trial on three charges after he deleted a video on his cellular telephone. He was charged with and found guiltily of tampering with evidence contrary to 918.13, Florida Statutes (2013).”

Google it there’s hundreds of examples.

"Under Section 918.13, Florida Statutes, tampering with evidence is defined as the alteration, destruction, or concealment of evidence with the intent to impair the use of that evidence in a known investigation or criminal proceeding"

No one refutes this. Most of us aren't lawyers and it's pretty obvious that doing this would be illegal.

Now tell me where it states that wiping your data clean no matter what's on it with no criminal proceeding is illegal? I'm ready to move on from this subject, you should too...

 

[Deleted member 114292]

"Under Section 918.13, Florida Statutes, tampering with evidence is defined as the alteration, destruction, or concealment of evidence with the intent to impair the use of that evidence in a known investigation or criminal proceeding"

No one refutes this. Most of us aren't lawyers and it's pretty obvious that doing this would be illegal.

Now tell me where it states that wiping your data clean no matter what's on it with no criminal proceeding is illegal? I'm ready to move on from this subject, you should to...

If you had read the Thread youd understand the context meaning presumably you violated an FAA regulation and then deleted the flight record.

 

[Motorcycle Rider]

I’ll give you one thing you’re right you’re certainly not a lawyer

LMAO.
You might want to actually quote the correct person next time.
If you read back, it was someone else, not me, who said they were not a lawyer.

Oopsie.
How is that egg on your face?

 

[Deleted member 114292]

LMAO.
You might want to actually quote the correct person next time.
If you read back, it was someone else, not me, who said they were not a lawyer.

Oopsie.
How is that egg on your face?

Sorry my mistake I guess you are a lawyer

 

[Heavydpj]

Here's one way ...

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[JC_Wang]

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Can the DJI AeroScope system still spot the drone if the drone pilot turn both UUID and Identification & Fligh information off on the fly?

 

[sar104]

Can the DJI AeroScope system still spot the drone if the drone pilot turn both UUID and Identification & Fligh information off on the fly?

Yes.

 

[Kueller]

Overrated: Deletion
Underrated: Encryption

 

[Heavydpj]

Can the DJI AeroScope system still spot the drone if the drone pilot turn both UUID and Identification & Fligh information off on the fly?

Yes

 

[MavicFlyer]

You’re so wrong.

“In one Florida case, a defendant went to jury trial on three charges after he deleted a video on his cellular telephone. He was charged with and found guiltily of tampering with evidence contrary to 918.13, Florida Statutes (2013).”

Google it there’s hundreds of examples.

OK, if I'm wrong, I'm wiling to learn, but let me understand what you think I'm wrong about.

I just looked up the text of of 918.13 (2018) on the Florida Senate web site:

918.13 Tampering with or fabricating physical evidence.—​

(1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this state is pending or is about to be instituted, shall:

(a) Alter, destroy, conceal, or remove any record, document, or thing with the purpose to impair its verity or availability in such proceeding or investigation; or​

(b) Make, present, or use any record, document, or thing, knowing it to be false.​

(2) Any person who violates any provision of this section shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.​

The case being discussed was about deleting records after a flight which included FAA regulations. Recall that I said ALL elements of the crime have to be proven. Look at the text in red.
How will they prove that he KNEW a trial, investigation, or proceeding is PENDING or ABOUT TO BE INSTITUTED?

"hundreds of examples"...examples of WHAT, specifically?

 

[Motorcycle Rider]

OK, if I'm wrong, I'm wiling to learn, but let me understand what you think I'm wrong about.

I just looked up the text of of 918.13 (2018) on the Florida Senate web site:

918.13 Tampering with or fabricating physical evidence.—​

(1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this state is pending or is about to be instituted, shall:​

(a) Alter, destroy, conceal, or remove any record, document, or thing with the purpose to impair its verity or availability in such proceeding or investigation; or​

(b) Make, present, or use any record, document, or thing, knowing it to be false.​

(2) Any person who violates any provision of this section shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.​

The case being discussed was about deleting records after a flight which included FAA regulations. Recall that I said ALL elements of the crime have to be proven. Look at the text in red.
How will they prove that he KNEW a trial, investigation, or proceeding is PENDING or ABOUT TO BE INSTITUTED?

"hundreds of examples"...examples of WHAT, specifically?

MavicFlyer, you are of course, 100% correct, but changing the incorrect thinking of some people is never going to happen. You need to just accept them being wrong, not let it bother you, and move on.
The old say ' You can lead a horse to water' would apply here as well.

 

[Mac282]

PHEWW...I was ready to sell the house, sell the kids, change my name and move to Rio. Wow. Then again it might not be a bad idea...

 

[Heavydpj]

OK, if I'm wrong, I'm wiling to learn, but let me understand what you think I'm wrong about.

I just looked up the text of of 918.13 (2018) on the Florida Senate web site:

918.13 Tampering with or fabricating physical evidence.—​

(1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this state is pending or is about to be instituted, shall:​

(a) Alter, destroy, conceal, or remove any record, document, or thing with the purpose to impair its verity or availability in such proceeding or investigation; or​

(b) Make, present, or use any record, document, or thing, knowing it to be false.​

(2) Any person who violates any provision of this section shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.​

The case being discussed was about deleting records after a flight which included FAA regulations. Recall that I said ALL elements of the crime have to be proven. Look at the text in red.
How will they prove that he KNEW a trial, investigation, or proceeding is PENDING or ABOUT TO BE INSTITUTED?

"hundreds of examples"...examples of WHAT, specifically?

While you bring up a good point, keep in mind is that there is a difference between reading a statute, and understanding the case-law that goes along with it. Also, the Mens Rea aspect of the crime (the "knowing" part) can often be proven by circumstantial evidence (it happens every day), and no trial is ever guaranteed. Last, the prosecutor / states attorney doesn't need to prove every element of a crime just to make an arrest, and the elements are always arguable either way. Lots of convicted folks out there who thought that an element of a crime couldn't be proven. ??‍

Another aspect that one would have to consider is that if there is a trial, then there will have necessarily been an arrest (even if you turn yourself in). That arrest record will follow you, even if acquitted. Then there is the matter of the money that will have to be spent. Even if the case doesn't make it to trial, there will be a cost involved with retaining counsel to try and work some sort of pre-trial intervention, if it DOES go to trial ... whoa momma!
Then there is the time away from work, and a whole host of ***-pain that goes along with the territory.

 

[BigAl07]

I am a newbie and was wondering how the MM determines its altitude? I live in a rural area with a ridge directly beside me and many other hills. I flew to the top of the ridge which is about 2,000 ft away but I had to get some height to get above the trees line at the top of the ridge. The controller said I was at 570 ft high which confused me and made me wonder what the reference point was. Can someone explain. . . .

As already stated Ground Zero (your reference point for all elevation) is the point where you launched your UAS. Even though that's the point of reference, if there was an incident or complaint it wouldn't be very hard to determine your actual altitude AGL from the data stored in the aircraft and using a terrain map. It wouldn't be extremely accurate but you could get fairly close to knowing your AGL.