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

[BD0G]

Exclusive: Only one drone pilot has ever been busted for flying without a license — and he got a warning

Its true the FAA has publicly stated that if the rules are broken then they prefer to look at the incident as a "teaching moment" and not to impose huge fines, penalties, etc.

Of course this depends on the severity of the incident. If someone flies with blatant disregard for the FAA Rules and Regulations then the penalty will be more severe.

 

[FLPilotshark]

I don't know your State laws but First, 5.0, looks like a complete Icehole! lol... Let's get right down to the solution if you haven't gotten your UAV back yet you're going to need to hire an attorney!

 

[JDawg]

I don't know your State laws but First, 5.0, looks like a complete Icehole! lol... Let's get right down to the solution if you haven't gotten your UAV back yet you're going to need to hire an attorney!

I don't see how you can say that, his sun glasses scream cool. He needs a toothpick though.

 

[Aerobatty]

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.

The cop overreacted. Period. I'd definitely be getting a lawyer and contacting the ACLU. I think there's something in the constitution about search and seizure, no?

If that cop has that short a fuse, he has no business carrying a loaded firearm nor does he have any business having authority.

 

[Lapeer20m]

I meant to come back sooner and finish the story.

It’s been nearly a month since the incident took place.

When it first happened, I retained council. We demanded a jury trial.

Yesterday I received word that the prosecutor refused to authorize the charge, case dismissed.

They still have my stuff. Hopefully the process of getting it returned goes smoothly.

Here is the audio of the incident taken from my Apple Watch:

 

[Aerobatty]

We have plans to have a picnic and invite as many drone pilots as possible to fly in the park all at once.

That could backfire if you're not real careful. If you do that, be professional. Pre flight briefings. Limited areas. Limited in the air at once. Set some ground rules.

 

[Aerobatty]

Police have a job to do and we shouldn't question them.

 

[Lapeer20m]

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!

The ordinance can be challenged from
At least 3 different vectors.

I have no doubt that when we’re finished, others will have no problem flying drones in the park hassle free.

 

[Aerobatty]

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?

Good point. Copies should be considered your personal property as well.

 

[Slim.slamma]

We have plans to have a picnic and invite as many drone pilots as possible to fly in the park all at once.

I’m down!

 

[Aerobatty]

I meant to come back sooner and finish the story.

It’s been nearly a month since the incident took place.

When it first happened, I retained council. We demanded a jury trial.

Yesterday I received word that the prosecutor refused to authorize the charge, case dismissed.

They still have my stuff. Hopefully the process of getting it returned goes smoothly.

Here is the audio of the incident taken from my Apple Watch:

Something else you might want to check is your state's wiretapping laws. In my state, it is illegal to record someone without their knowledge. Just a heads up. Might want to take this down.

 

[Aerobatty]

The ordinance can be challenged from
At least 3 different vectors.

I have no doubt that when we’re finished, others will have no problem flying drones in the park hassle free.

What they will likely end up doing is making it illegal to take off from or land on park property.

 

[BD0G]

He actually has an attorney that was influential in having this misdemeanor thrown out and not prosecuted. The Chief of the Park Police wanted him to go to court and pay $25.00 and apologize.
They have no case or they would have taken it before a judge. Holding his devices is a way to cause him undue hardship and provoke. They believe they have a right to withhold his property after arresting him for a non-crime. Its petty game playing and he is paying the price with loss of use.

 

[Lapeer20m]

What they will likely end up doing is making it illegal to take off from or land on park property.

State law prohibits local units of government from enacting or enforcing any rules regarding the possession or operation of unmanned aircraft.

Even if the park created such an ordinance it would be unenforceable.

 

[Lapeer20m]

Something else you might want to check is your state's wiretapping laws. In my state, it is illegal to record someone without their knowledge. Just a heads up. Might want to take this down.

Michigan is pretty friendly when it comes to wiretapping.

Michigan Allows recording of any conversation if there is no reasonable expectation of privacy.

It is also permissible to record any private conversation if you are part of the conversation.

It is also permissible to record the private conversation of others, if the “others” are government officials acting in their official capacity. We can thank dr dre for this last one as he took a case involving the city of Detroit all the way to the Michigan Supreme Court and won.

 

[BD0G]

Thats Right!

 

[PropSpin]

Then the daisy should quit.

Maybe, there are a lot of them out there that should quit, but it ain't gonna happen. Best not to be a smart *** to a cop and be as polite as possible. At least that way if they rough you up, they don't have a leg to stand on. Me, I would have been fairly circumspect as I would not want my equipment in their possession. There's a good chance of it being damaged or lost somehow and not having any recourse.

 

[PropSpin]

I meant to come back sooner and finish the story.

It’s been nearly a month since the incident took place.

When it first happened, I retained council. We demanded a jury trial.

Yesterday I received word that the prosecutor refused to authorize the charge, case dismissed.

They still have my stuff. Hopefully the process of getting it returned goes smoothly.

Here is the audio of the incident taken from my Apple Watch:

Well, good luck with that. What's their excuse for not returning it, especially since the case was dismissed? I would have had my attorney demand it back immediately. I hope you get it back and that it is undamaged.

 

[Wade Gizzy]

Just swallow your pride a bit, treat them with utmost deference, call them officer and sir. If you act like even remotely like a smart***, they will make your day miserable.
Once a friend and I were shooting hand trap with shotguns on a deserted stretch of a four lane road being constructed that had been delayed for months (no activity at all, no people, no equipment) It was between Baltimore, and D.C. just off I95. Actually it was quite rural. There were no houses in sight, and the tree line across the field was probably a half mile away. No chance of shot going that far.
A policeman showed up. He could see were were "clean cut" professional types in our early thirties, as was he. It was obvious what we were doing, and he said someone complained about the noise.
We treated him with the utmost deference, called him sir, called him officer, and packed our stuff and left. We didn't hang around and argue with him. As it was we were in an area that hunting would have been permitted. We didn't even bring it up!
Six to eight weeks later we were back at the same spot. A different cop came. We acted the same way. We appealed to his sense of fairness about the area was suitable for hunting, but before we got in an argument with him, we just once again aqueissed and packed our things up, told him we understood that since someone complained we weren't going to "demand our rights" and asked him if he knew where we could shoot target. He told us!
No hand cuffs, no fines, no courts, no taking our guns from us.
If I get in a similar situation with my drone, I will follow the same practice. I bet it will end up the same way!

 

[A320 Capt.]

OP has done me quite a service. My wife gave me a Mavic Air and a ton of extra equipment for Christmas. Been spending a good bit of time getting the Part 107 license, getting it all set up, starting up the iPad mini she bought me. However, I live within 5 miles of a Class B Airport, so no can fly at home. Can't fly at night, can't fly above 400 AGL, can't fly in a TFR, can't fly beyond line of sight. Have a cabin but it's within 5 miles of a private airstrip so operating by the letter I would have inform the operator of the strip before I fly. If I break these rules I risk a suspension of my actual pilots license which would mean I don't work. The juvenile, unprofessional approach of some (not all) on here helps me understand that this is not for me. Hope she can get most of her money back.