Legal surveillance?

[Mjgonzo]

I have a legal question to ask. There is a small area in town where there we shots fired recently, looks like from a chicken or goat farm, nothing major happened but just to be careful because we have a church near by, we are flying the drone over the area for surveillance reasons. We’re keeping a watch of that area, the people do not know we are watching there property from above. Is that legal to do?

 

[MA2 317]

I'm not sure where you are flying in Moreno Valley, CA, but it looks like a bunch of airport airspace is in that area.

Hope you get the authorization to do so.






I wouldn't think it would be legal to surveil private property.

To fly over is one thing, but it's another to hover and check things out.

I would contact the Local law enforcement and report the gun shots and let them check it out just to be safe.


.

 

[CactusJackSlade]

Just follow the FAA rules and I would say if you are at a reasonable altitude and not hovering over someone's back yard or residence (My interpretation of reasonable altitude it probably no less than 100 feet or so.... others may have a different opinion) and you are not constantly loitering over a specific private residence you should be good to go. That is not to say that you won't get complaints or approached by those who might be concerned about a drone flying around. Technically you could hover much lower over someone's back yard, but the law starts to get very gray in this area.... like at what altitude do "peeping Tom" laws go into effect? This has yet to be decided as currently the FAA lays claim of authority over ALL airspace.

 

[BigAl07]

The mere fact that you said "we are flying the drone over the area for surveillance reasons. We’re keeping a watch of that area, the people do not know we are watching there property from above" means nothing to the FAA but could mean a LOT from a local authority stand point.

If every aspect of the flight is within the FAA regulations for Part 107 (and just to be clear, surveilling someone's property is not a RECREATIONAL endeavor) then the FLIGHT is legal. But Privacy Laws are not up to the FAA and that would fall under your LOCAL and START ordinances/laws.

Keep in mind that anything you happen to CAPTURE from the air w/o a warrant will get tossed out in court and could jeopardize the whole case. Privacy concerns hit deep and aren't taken lightly in most areas and add the "stigma" of UAS it's a no-win situation.

 

[Phantomrain.org]

When I think of Farms : I think of : Animals , Guns and trucks so nothing really that odd about gun fire on a farm . But i do get that your looking at the adventure of it. If you do see people in target practice or killing a horse , what will happen ?

Phantomrain.org
Gear to fly your Mavic in the Rain and Land on Water

 

[karma1968]

Having grown up on a farm, and had my own small farm/homestead, many times an animal must be culled, or killed for food. If you are near a farm, it might be simply because an animal needed to be managed for many reasons. Hopefully this is the only reason in your case. I’m sure if you are not accustomed to this sort of occurrence, and with all the stress our nation has been facing over the past year it can be rather stressful to not know why you hear gun fire. Also, some fireworks sound like gunfire from certain distances. Hoping you stay safe & all is ok for you.

 

[Chip]

Here is excerpt from CA law which addresses your question:​

CALIFORNIA CIVIL CODE 1708.8​

EXCERPT​

(a) A person is liable for physical invasion of privacy when the person knowingly enters onto the land or into the airspace above the land of another person without permission or otherwise commits a trespass in order to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity and the invasion occurs in a manner that is offensive to a reasonable person.

(b) A person is liable for constructive invasion of privacy when the person attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity, through the use of any device, regardless of whether there is a physical trespass, if this image, sound recording, or other physical impression could not have been achieved without a trespass unless the device was used.

Bill Text - AB-856 Invasion of privacy.

 

[A.O.]

Yep, shots fired on a farm/ranch is no big deal... heck I probably shot a couple dozen times yesterday myself ... I'm thinking surveilling someone elses property would be a BIG no no!

 

[BigAl07]

Yep, shots fired on a farm/ranch is no big deal... heck I probably shot a couple dozen times yesterday myself ... I'm thinking surveilling someone elses property would be a BIG no no!

I happen to agree. I don't live on a farm/ranch but I went through 3 magazines (60rds each) yesterday myself.

To the OP, Legal or not, flying where you are fairly sure someone is firing a weapon may not end well for your UAS. If they suspect someone is surveilling them they are quite possibly going to attempt to neutralize that threat (legal or not).

Surveilling your neighbors isn't a good idea if you plan to stay in the area long-term.

 

[A.O.]

I happen to agree. I don't live on a farm/ranch but I went through 3 magazines (60rds each) yesterday myself.

To the OP, Legal or not, flying where you are fairly sure someone is firing a weapon may not end well for your UAS. If they suspect someone is surveilling them they are quite possibly going to attempt to neutralize that threat (legal or not).

Surveilling your neighbors isn't a good idea if you plan to stay in the area long-term.

Yes to all of that Big Al

Man those 60 round mags get awful heavy! Biggest I have is a 42 rounder..

 

[tlswift58]

Stay in your lane bro! Fly over YOUR property only and if you catch something going on in the distance on someone else's' property - then you should be okay. If people are shooting on that "farm," I'd guess they have the right to do so - so flying over their property may cause them to "shoot down / at" your drone. Happens A LOT. Again, if flying over YOUR property - you are fine.

If you think things are against the law on "the farm" then you should contact local LE and let them do THEIR JOB. It is their job, not yours.

 

[theDRONEranger]

The mere fact that you said "we are flying the drone over the area for surveillance reasons. We’re keeping a watch of that area, the people do not know we are watching there property from above" means nothing to the FAA but could mean a LOT from a local authority stand point.

If every aspect of the flight is within the FAA regulations for Part 107 (and just to be clear, surveilling someone's property is not a RECREATIONAL endeavor) then the FLIGHT is legal. But Privacy Laws are not up to the FAA and that would fall under your LOCAL and START ordinances/laws.

Keep in mind that anything you happen to CAPTURE from the air w/o a warrant will get tossed out in court and could jeopardize the whole case. Privacy concerns hit deep and aren't taken lightly in most areas and add the "stigma" of UAS it's a no-win situation.

Agree with your point. The good folks conducting the surveillance need to be ever mindful of publishing such statements over ‘invasion of privacy’ issues!

 

[NG Wildman]

I have agreed with some good comments here. The surveillance part bothers me. THAT IS NOT YOUR JOB.
...and it sounds nosey. That's not what recreational droning is. This sounds like typical farm life

 

[Cklballs]

I have a legal question to ask. There is a small area in town where there we shots fired recently, looks like from a chicken or goat farm, nothing major happened but just to be careful because we have a church near by, we are flying the drone over the area for surveillance reasons. We’re keeping a watch of that area, the people do not know we are watching there property from above. Is that legal to do?

I would not surveil the area. I currently have 90 acres in my backyard with a pond. Every Sat morning I hear rifle and small fire arm shooting from that area. I don't care and have never report the incidence. Once you start reporting these incidence, it becomes a major issue with your neighbors and LEO. I am assuming this "goat farm" is on a relatively large piece of land in the county. If so, they have all the legal rights.

 

[Maviac]

The original post mentioned it was in town. I grew up on (and still own) a farm and gunshots (mine or otherwise) are commonplace, but less so in town. But many municipalities have ordinances against discharging firearms with the city limit. if that’s the case then maybe there is some sort of violation. But I’m not sure why any individual would think it’s a good idea to surveil the property rather than just call LEO (unless the original poster is an LEO and left that part out). Having had my drone shot at before, I find there are certain properties it’s best to avoid, and this doesn’t sound like a good idea for anyone.

 

[NLOL]

"Shots fired" - where there is no reason to suspect there is any law against it, and no reason given to believe it was aimed at you - duh.

 

[Mjgonzo]

Thank you all for your replies back regarding this issue. We are not doing a daily or weekly fly over that property, its just that when the shots were fired we had a round come right thru some trees on our church property while services we ongoing outside our parking lot. We were concerned for safety reasons. All your replies were very helpful and informative and I appreciate your feedback. Thanks again.

 

[A.O.]

Thank you all for your replies back regarding this issue. We are not doing a daily or weekly fly over that property, its just that when the shots were fired we had a round come right thru some trees on our church property while services we ongoing outside our parking lot. We were concerned for safety reasons. All your replies were very helpful and informative and I appreciate your feedback. Thanks again.

If you had a round come through the trees call the law..

 

[Deleted member 133794]

If you had a round come through the trees call the law..

Exactly.......Why after having a round come through the trees would your first
thought be to fly a drone over the property and not call the law. Sounds to me
like your response is more nosiness based than safety based.

 

[A.O.]

Exactly.......Why after having a round come through the trees would your first
thought be to fly a drone over the property and not call the law. Sounds to me
like your response is more nosiness based than safety based.

Completely agree, and did a round actually come flying through the trees or after hearing gunshots do they "think" a round came flying through???
I had the law called on me for that exact reason ,they heard shots and then heard the bullet wizzing by, the cops came and A) I had a good backstop, and B) I was shooting the exact opposite direction. The mind does funny things sometimes.