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I was arrested for flying a drone *updated with video*

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Lapeer20m

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I can finally talk about this now that the legal matter is settled.

Audio here:

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A few weeks ago, I was flying my mavic. An officer approached and told me drones are not allowed in the park. I was polite and told him that I’m pretty smart when it comes to drone law and I did not know it was illegal to fly here. I asked if he could show me where this rule was written. I’ll call him “good cop”

I already knew that a: there is no such rule, and b: even if there was, Michigan has a strong preemption law that prevents local units of government from enacting or enforcing any rule regarding the possession or operation of unmanned aircraft.

This officer called for backup. A second officer arrived. I’ll call him “bad cop.” He was pretty hostile and came towards me with a little
Booklet and said basically “it says right here, ascending or descending....” pointing at rule 23, which prohibits manned aircraft, manned hot air balloons, or manned parachutes from ascending or descending in the park.

I said “can I ask you a question?”

He said yes

“Am I in an airplane?”

That was it. He had me turn around and put my hands behind my back.

He searched me, and laughed when I told him I do not consent.

Then stuffed me in the back of a police car. They pulled me out after a few minutes and searched me again. I was able to hand them a copy of the state preemption law, which I was able to reach because it was in my back pocket. Then they stuffed me back in the patrol car.

My mavic and iPad were confiscated, and just to let me know who’s in charge, he took my personal cell phone too.

After about 30-40 minutes I was released with a misdemeanor citation for “unauthorized flying of drone in park” citing rule 23.

They kept all of my stuff. I was able to get my cell phone returned after a couple of days. I still haven’t gotten my mavic or iPad back.

All of the audio was recorded on my Apple Watch. I will post it here shortly.

I’m a 40 year old professional. I’ve never been in handcuffs before this.

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From your description your statement of " Am I in an airplane?" was aggravating circumstance for the officer. He did not know what you are intending with that statement.
While I am not familiar with Michigan rules of park flying,
A clearer explanation would have been " officer, could you check please...rule 23 is for full size aircrafts, and NOT for a hobby radio controlled drones.
He may have stopped and think about it, but he may not.
Someone must have complained if the cops showed up.
 
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I had my attorney handle it. The chief of park police (this park system has its own police force) was flabbergasted that anyone would pay an attorney when I could just go in front of the judge, say I’m sorry, and pay a $25 fine.

My Council gave the prosecutor 2 options: Dismiss the charges or prepare for a jury trial.

I just heard back this evening that the prosecutor refused to authorize the charge.

I’m a free man and don’t have to go to court.
 
From your description your statement of " Am I in an airplane?" was aggravating circumstance for the officer. He did not know what you are intending with that statement.
While I am not familiar with Michigan rules of park flying,
A clearer explanation would have been " officer, could you check please...rule 23 is for full size aircrafts, and for a hobby radio controlled drones.
He may have stopped and think about it, but he may not.
Someone must have complained if the cops showed up.

Then the daisy should quit.
 
Those MF'ers! Totally uncalled for! The police acted as if you provoked them which in and of itself is not against the law. What is against the law is if they are actively investigating a crime and you impede them in some way. You did not as there was no crime committed and you asked a standard question (snarky or not) they are public servants. Who was served in this instance?

The fact that the prosecutor did not pursue the charges clearly means that you personally broke no laws! Go before a judge and say your sorry? Sorry for what ? Enjoying yourself without doing harm.

These encounters can get out of hand if you had been a hot-heat and resisted them in any way. They were just waiting for that so they could pin "resisting arrest" on you.

This is such an over reach of authority! I would ask for a formal apology from the officers involved and push for proper training of thier rent-a-cops uh ,ehem , cough I mean police personnel with regards to currently enacted UAV laws and regulations.

I would be flying in that park regularly after this incident. This type of handling can really leave someone with a bit of drone flying PTSD.
 
Oh, thats why I always password protect my devices and lock them the moment it comes to conversation with any type of law enforcement.

If they want to stare at my devices lock screen for hours - go for it!

I can even wipe the phone remotely if it still has cellular connectivity and all my information is backed up to google.

I would have called the actual police and told them that I had used my "find my phone " app after my cellular phone was taken and it is pinging from the location in which the park police had it stored. I would have added that since I use the phone for business I was loosing revenue as a result (thats BS of course, but they dont know that) I would then file an actual police report indicating I would like the stolen property returned to me.
 
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Well done Lapeer! This kind of LE conduct has me seething. Oh how I wish I could make that picnic.....
On a serious note, I would be honored to help offset your legal costs in this as I’m sure others would as well (Gofundme?). NOTHING is going change until we stand up for ourselves and dare I say, our rights.
Now.... I will step aside as the “Police have a job to do and we shouldn’t question them” crowd arrives. I think I hear them queuing up as I type.
 
Police have a job to do and we shouldn't question them.
 
Especially questions that might trigger them and their insecurities.
 
Oh, thats why I always password protect my devices and lock them the moment it comes to conversation with any type of law enforcement.

If they want to stare at my devices lock screen for hours - go for it!

I can even wipe the phone remotely if it still has cellular connectivity and all my information is backed up to google.

I would have called the actual police and told them that I had used my "find my phone " app after my cellular phone was taken and it is pinging from the location in which the park police had it stored. I would have added that since I use the phone for business I was loosing revenue as a result (thats BS of course, but they dont know that) I would then file an actual police report indicating I would like the stolen property returned to me.

Great idea to password protect all devices and have ability to remotely back up and erase data in case of theft. Have to be careful though about wiping the device while its in police custody because that can lead to destruction of evidence charge which can be felony. The data on the phone belongs to you BUT if police seize it as possible evidence, consult with attorney before wiping remotely.

Lapeer, do you know if police searched or copied your SD card or phone?
 
I’m a free man and don’t have to go to court.

Thumbswayup Good news and thanks for letting us know. I wonder if you still have legal standing to challenge ordinance if charges were dropped? Good luck and take care!
 
Next time use a drone vest to identify you. Police will get intimidated when they see it. It works very well and people respect when you are flying
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