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

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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 have no way of knowing. It is my understanding that apple iPhones are quite secure. There was the San Bernardino case a few years ago where fbi was supposedly unable to crack an iPhone and apple refused to help. Supposedly they only became more difficult to access since that time.

The sd card would be much easier to copy as its in no way secured. However, there are just some boring flights on there. I don’t think there is anything of interest. I’m a pretty boring person who is quite serious about following the rules when it comes to uas.
 
I am very sorry to hear about your arrest and issues with the police. I flew one of my drones all up and down Lake Michigan back in May 2018. There was several other drone flyers flying up there also. Lots of them was residents, and some were visitors. i was also at Washington park, at Lake Michigan, by a light house with another drone operator, his mom, and my wife was also there with us. I flew early in the morning and late at night when it got dark. I was at New Buffalo, Michigan. The only issue that i observed was an home owner, that do not like people getting to close to his property there on the beach. some of his neighbors seem not to like him either. They warned me to stay clear of him and his property there on the beach. He also had a fence built up to the edge of the water from his property to keep people from enter that area of the beach to the next to his property, which I thought was kind of weird, but the local residents told me that was his way of sectional off the beach to keep people out for his own private area. i just stay clear of him, because Lake Michigan is a very big lake and there are lot of places to fly a drone without brothering anyone.
 
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Lots of residents up in Lake Michigan own drones and fly them all around the area in the summer. Especially over boats, homes, etc. I think that the officer that you came in contact might have wanted to make a point with you for some reason. Maybe he was having a bad day or just came from some high intense run before he got to you. Anyway, I hope you get your drone back.
 
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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I like it. Much better than poking The Hornet's Nest. Unless you like being stung. Have never thought that it was my job to police the police.
 
Sorry to hear all this inconvenience, How do you Password Proctect drone/Micro Card ?
 
Any time a call goes out for back up the police will automatically evaluate the situation as a combative situation or at a minimum "officer needs assistance".
You were done at that point even thought your question was not aggressive it was a challenge situation to the officer's authority.

The responding officer was already tuned up for the situation based on the back up request. Additionally you have no way to know how 911 put out the call to the second officer.
You could have blew him a kiss and the outcome would most likely been the same for you.

It is the police mentality to fully control the situation whatever it is. The call for backup basically said I have an uncooperative subject send reinforcements. You were a marked man at that point IMHO you had to be taught the meaning of respect. The cuffs were an indication of police authority and control.

The more interesting point is how you were handled several times. What this tells me is the police may have realized they may have gone too far with you. Checking you over several times they were looking for something to otherwise book you for to cover their ***. Additionally they were giving you the opportunity to be a jerk in which case you were in custody and would have committed a crime in that you would have failed to conform to an officers instruction known as resisting an officer.

My guess the second officer was the senior member of the pair, he jumped to an unnecessary reaction (based on your account) over reacted and the subordinate officer simply went along. It is kind of like a police officer placing a hand gun near your body after they shoot you dead and discovered you were only holding a sub sandwich.

mikemoose55
 
If you are really annoyed at the park and their police, ask your attorney if you have a claim for false arrest. If you showed the preemption statute to the police and they proceeded to cuff you and arrest you, or if they kept you in cuffs and in custody, you might have a claim. Also, consider sending a letter to the head of the park and park police setting out the preemption statute, explaining that the new ordinance is also invalid, and warning that civil actions will be brought if there is any attempt to enforce the ordinance. The letter would add considerable force to a civil action brought in response to an attempt to enforce the new ordinance.
 
Two other things you could have done: Respectfully landed the drone and drive away without incident and then approach the proper authorities with the Genesee County Parks safety rules and show them Section XXIII and get everyone onboard and fly without incident going forward or , you could have gone before the judge without the expense of a lawyer and showed him Section XXIII and there is no way he wouldn’t have dismissed the citation.
You’ve kind of opened the door for being on their radar for anything going forward. Who needs that. Just sayin.
 
Oh Man, I would totally love to be at that picnic if only I wasn’t in Australia. You should try to get one or more of the popular YouTubers like Ken Heron or Ed Ricker to cover the event.

And then do it again every year as a celebration and demonstration of law abiding and responsible drone pilots showcasing their hobby. Very soon it would become more about that and less about the unfortunate incident perpetrated by the Park police.

I believe that this could be a huge ongoing opportunity to show the press and general public that the vast majority of recreational drone pilots are serious about wanting to obey the law and integrate safely with the community.
 
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