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Sheriff at my door this morning.

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Again it is semantics...this is what it says
FAA compliant testing documents in the package to assist with night waivers
there is no such thing as FAA compliant testing documents in this regard ...and it does not indicate testing was done by a third party that I noticed...it looks like it is self certified ...a bit misleading...has anyone else seen thees in flight and able to see them beyond a quarter mile or so? I do agree that they are probably the brightest I have seen...but I don't think they are really visible at 4 miles away as they are claiming...not even the 3 that is required
All they're saying is they tested the lights at 3SM (or 4SM in this case), and they passed the test. And yes, someone has tested these, @pilotinstitute did:
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. They aren't saying it's tested by the FAA and FAA documentation is included.


Also, I've tested one of the less bright FHT strobes and it passed my 3SM test with no problem.
 
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For what it's worth (I am not a lawyer), in the United States if someone from law enforcement comes to your door and hands you a card that asks that you contact them regarding an investigation into something that they think you may have done wrong, here is the thing that almost every legal expert will tell you to do:

Say nothing. Contact a lawyer.

You should absolutely and certainly not call the number on the card and relate to them your side of things. You should not describe to them in detail how you did the thing they think you did. You should definitely not show them a video of you doing the thing they think you did. You should not try to educate them on the law. You should say nothing and contact a lawyer. If you did nothing wrong, the lawyer will help the police to understand that. If you did do something wrong, even unintentionally or without realizing it, the lawyer will know that too and will help you to not volunteer information to law enforcement that might end up with you getting three square meals a day with no utensils at a concrete table.

Lawyers cost money, but usually less money than you lose by being incarcerated. Police are there to do a job, they're not your friend and you won't sweet talk them or educate them out of doing their job. If they are investigating you it's because they think you might need to be charged with a crime. The only way to safely explain your side of the story is with the help of a lawyer. Don't do what this guy did, folks.

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If you want to hear an actual police officer (not the criminal defense attorney at the beginning of the video) tell you this, skip to 26:44.
If an investigator comes knocking after the fact, that is exactly what I do, except for the lawyer part. I won't even answer the door if I think the cop is at my door due to someone's complaint. You don't want to feed the fire. Even the truth can get you in hot water.

If your neighbor takes you to court, everything you said to the cop, which will be written in his or her words, not yours, and will be admissible in court and can be used against you in that court. Civil court or criminal court. Talking to an investigator is a very bad idea. They don't quote you word for word, they re-hash the story you tell them in a report. The report is not a word for word statement from you. It's what the investigator perceives what you said and did. But when it's read in court, it becomes fact.
 
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What should be said is to avoid such possible accusations and/or aggravating a current situation. Around here a lawyer wants a $1500 retainer just to start on a case. A friend of mine had such a nuisance case (not drone related) filed against them. It cost them over $15000 to get the case dismissed before it went to trial.

IMHO If you have done nothing wrong it is best to nip it in the bud as soon as possible (as the OP did). If that means explaining it to your first law enforcement contact, then do so. You can always record your contact with your phone to collaborate what you told them. Refusing to talk to them only raises suspicion and forces them to investigate further. You sure don't want a search warrant issued for all of your equipment (drone, computers, phone, gps records, etc.)
 
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What should be said is to avoid such possible accusations and/or aggravating a current situation. Around here a lawyer wants a $1500 retainer just to start on a case. A friend of mine had such a nuisance case (not drone related) filed against them. It cost them over $15000 to get the case dismissed before it went to trial.

IMHO If you have done nothing wrong it is best to nip it in the bud as soon as possible (as the OP did). If that means explaining it to your first law enforcement contact, then do so. You can always record your contact with your phone to collaborate what you told them. Refusing to talk to them only raises suspicion and forces them to investigate further. You sure don't want a search warrant issued for all of your equipment (drone, computers, phone, gps records, etc.)
Yeah, you're just wrong. For one, it doesn't cost $15K to get a lawyer to sit in with you while you have a conversation with the police. It's not cheap, but again, calculate the cost to your finances and your life if you end up being charged because you foolishly admit to something that you didn't even realize was a crime, or because the police decide to try to apply a law to you that doesn't apply. How much is bail bond? How much will it cost in the long run to have a record of arrest and being charged? If you want to clear things up with the police, talking to them without a lawyer is NOT the way to do it. Talking to them with a lawyer present might be a good idea, but only a lawyer could tell you that. I encourage you to watch the video I posted. Actual police will tell you that talking to them without a lawyer present in a stuation where you are a suspect of any crime is an incredibly foolish thing to do. You are literally gambling with your entire life on a game that you don't know the rules to against opponents who play this game for a living.

Drones are the wild wild west right now and as an emerging technology law enforcement is still trying to process how to deal with them. Having a lawyer help with any law enforcement interactions might help you avoid becoming one of their test cases.

But you do you, man. :)
 
Yeah, you're just wrong. For one, it doesn't cost $15K to get a lawyer to sit in with you while you have a conversation with the police.
Yeah, you're just wrong. I never said it is $15K to sit in with the police. I said $15K to get a case dismissed (please read what I wrote). But you can bet it'll you'll need a $1K+ retainer for them to come and sit with you. At $300+ per hour, that $1K will be ate up quickly.

So someone accuses you of spying on them, maybe even getting to close to bedroom windows. You refuse to even talk to the police without a lawyer. Who is going to end up at the station, with their lawyer, talking to the investigators? If you have $1K plus to spend for no reason, have at it.

No need to reply as I won't go any further.
 
Yeah, you're just wrong. I never said it is $15K to sit in with the police. I said $15K to get a case dismissed (please read what I wrote). But you can bet it'll you'll need a $1K+ retainer for them to come and sit with you. At $300+ per hour, that $1K will be ate up quickly.

So someone accuses you of spying on them, maybe even getting to close to bedroom windows. You refuse to even talk to the police without a lawyer. Who is going to end up at the station, with their lawyer, talking to the investigators? If you have $1K plus to spend for no reason, have at it.

No need to reply as I won't go any further.
I would have zero problem talking to the police about a drone incident. I know the rules better than 99.99% of them. They're the ones usually asking me for help.
 
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Yeah, you're just wrong. I never said it is $15K to sit in with the police. I said $15K to get a case dismissed (please read what I wrote). But you can bet it'll you'll need a $1K+ retainer for them to come and sit with you. At $300+ per hour, that $1K will be ate up quickly.

So someone accuses you of spying on them, maybe even getting to close to bedroom windows. You refuse to even talk to the police without a lawyer. Who is going to end up at the station, with their lawyer, talking to the investigators? If you have $1K plus to spend for no reason, have at it.

No need to reply as I won't go any further.
If you're going to end up at the station with your lawyer talking to the police, why wouldn't you hire one preëmptively? I really don't understand that logic.

Elsewise, what you seem to be suggesting is basically the fallacious thinking that many actual criminals have -- if I just go down the station or pick up the phone and speak to the investigator, I can get this all cleared up in no time and stop worrying about it. I'm a nice, good citizen and surely this is just some big misunderstanding. Police are my friend and they'll understand and we'll all have a good chuckle about this when it's over.

What actually usually happens is that people incriminate themselves. When you're the subject of an investigation and you incriminate yourself about the thing they're investigating, that's not a good thing.

Also -- and this is a really big one, since the bulk of enforceable law that deals with drones is federal -- never, ever, ever ever ever ever ever communicate with a federal law enforcement agent in the course of an investigation without a lawyer working with you. Unlike with the local county mounties, lying to a federal law enforcement agent is criminal act that carries years in prison as a sanction (18 U.S.C. § 1001(a)(2)). The FAA counts! And it's really, really easy to intentionally or unintentionally speak or write some kind of mistruth during the course of a typical investigator's questioning.
 
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I would have zero problem talking to the police about a drone incident. I know the rules better than 99.99% of them. They're the ones usually asking me for help.
Yeah, but that's the problem -- they don't care about what you know about the rules, they base their investigation on their understanding (or lack of understanding) of the rules. Given your experience, I've no doubt you could run circles around pretty much anyone outside of an actual investigator at the FAA who specializes in this stuff. But the local sheriff of a small town in Kansas deals more with lost dogs and car accidents and cattle getting loose and the occasional meth-head to keep things interesting. If they get a complaint and decide they don't like your drone stuff, you could almost certainly show them how they are wrong, how the FAA owns the big blue sky, etc. But they're not gonna care. You're just the out of town weirdo with the drone that torqed off a farmer who's prominent in the rural community that elected him.
 
Yeah, but that's the problem -- they don't care about what you know about the rules, they base their investigation on their understanding (or lack of understanding) of the rules.
Which is why you always have the right to call for a supervisor.
Given your experience, I've no doubt you could run circles around pretty much anyone outside of an actual investigator at the FAA who specializes in this stuff.
Our local FDSP ASIs also reach out to me. As does my FAA LEAP Agent. Heck he emailed me about 45 minutes ago about something. They don't know what I know and take advantage of my knowledge when they need it.
But the local sheriff of a small town in Kansas deals more with lost dogs and car accidents and cattle getting loose and the occasional meth-head to keep things interesting.
This is why you need to be the most educated person in the conversation. I've had numerous interactions with both Police Officers as well as City Attorneys. I just don't see the concern you say is so prevalent. It sounds like you have some sour grapes about this.

It's just not the issue you say it is. Are there cops with attitudes? Of course. It's folly to think otherwise. But the vast, vast, vast majority of them aren't going to do with you claim they will.

If you're done something wrong, of course have an attorney. But if you haven't, arm yourself with the knowledge of the law, and then present it in an informative (& non-combative) attitude, and you won't have any issues.
 
Which is why you always have the right to call for a supervisor.

Our local FDSP ASIs also reach out to me. As does my FAA LEAP Agent. Heck he emailed me about 45 minutes ago about something. They don't know what I know and take advantage of my knowledge when they need it.

This is why you need to be the most educated person in the conversation. I've had numerous interactions with both Police Officers as well as City Attorneys. I just don't see the concern you say is so prevalent. It sounds like you have some sour grapes about this.

It's just not the issue you say it is. Are there cops with attitudes? Of course. It's folly to think otherwise. But the vast, vast, vast majority of them aren't going to do with you claim they will.

If you're done something wrong, of course have an attorney. But if you haven't, arm yourself with the knowledge of the law, and then present it in an informative (& non-combative) attitude, and you won't have any issues.
I think you might be a special case because your knowlege of the law surrounding drones is such that you probably exceed what a lot of actual lawyers know about it, at least the ones that don't specialize in aviation law. And someone like that, who is connected to people at the FAA and can talk circles around people who've never even seen a drone before until now probably can put off enough of a "this guy is going to be a huge pain in our *** and knows we have no idea what we are doing and will cause us a lot of trouble" vibe to be left alone. This isn't most people, though.

It might seem like I have sour grapes, but it's actually quite the opposite. I work a lot with law enforcement, though never in anything related to the actual enforcement of law -- I do IT, and work with the technical side of things. I'm glad law enforcement exists and I'm actually kinda glad that most criminals are dumb enough to have unaided conversations with the police because it lubricates the justice system. The smart criminals who shut up and wait for a lawyer take up a lot of the system's resources because they didn't forfeit the game before the it started. (They also end up getting off with much less punishment.) But this thread is for people who, at least in my opinion, aren't criminals at all, they're just normal people doing legal things that scare people because the things they are doing are cutting edge and unfamiliar. They end up interfacing with law enforcement trying to figure out how all this drone stuff fits into their already complicated job of enforcing law.

How these things are handled will vary drastically from agency to agency. But in general, once it gets to the point where someone is handing you an investigator's card and asking you to give them a call for something *you* are suspected of doing, you are now in an adversarial relationship, even if you don't want to be. Even if you want to be helpful and explain things, that investigator is a wolf and usually wants to eat you. That's their job. True, police don't get to make up laws. If you didn't break any laws, the worst that can probably happen is getting arrested and charged with something inapplicable. But that still involves getting arrested and spending time in jail until you can cough up the four or five figure bond. And then having a lawyer fight it in court. And if you get a public defender, they're probably going to lean heavy on you to settle for something minor because they are already triplebooked and need to spend their time on cases that actually matter. Lots of people in this country end up with life changing negative outcomes after being arrested for doing legal things. It's not a rare thing. If you watch the video I linked, you will hear an actual VA Beach police detective tell you to not to talk to the police without a lawyer *especially* when you've done nothing wrong.
 
Yeah, but that's the problem -- they don't care about what you know about the rules, they base their investigation on their understanding (or lack of understanding) of the rules. Given your experience, I've no doubt you could run circles around pretty much anyone outside of an actual investigator at the FAA who specializes in this stuff. But the local sheriff of a small town in Kansas deals more with lost dogs and car accidents and cattle getting loose and the occasional meth-head to keep things interesting. If they get a complaint and decide they don't like your drone stuff, you could almost certainly show them how they are wrong, how the FAA owns the big blue sky, etc. But they're not gonna care. You're just the out of town weirdo with the drone that torqed off a farmer who's prominent in the rural community that elected him.
Exactly. Just watch a few of those 1st Amendment Audit videos on YT and you'll see how the conversation goes. It's not about being right, he might take it as a personal offense that you know the law better than him. If a cop THINKS he's right he won't listen, he'll try to bully you into compliance to satisfy he's bruised ego.

I workout with a lot of the police in my town, including the chief, they all say, "I'll find something to get them on." When an officer targets you, especially if they have a ego about it, don't volunteer anything.
 
I think you might be a special case because your knowlege of the law surrounding drones is such that you probably exceed what a lot of actual lawyers know about it, at least the ones that don't specialize in aviation law. And someone like that, who is connected to people at the FAA and can talk circles around people who've never even seen a drone before until now probably can put off enough of a "this guy is going to be a huge pain in our *** and knows we have no idea what we are doing and will cause us a lot of trouble" vibe to be left alone. This isn't most people, though.

It might seem like I have sour grapes, but it's actually quite the opposite. I work a lot with law enforcement, though never in anything related to the actual enforcement of law -- I do IT, and work with the technical side of things. I'm glad law enforcement exists and I'm actually kinda glad that most criminals are dumb enough to have unaided conversations with the police because it lubricates the justice system. The smart criminals who shut up and wait for a lawyer take up a lot of the system's resources because they didn't forfeit the game before the it started. (They also end up getting off with much less punishment.) But this thread is for people who, at least in my opinion, aren't criminals at all, they're just normal people doing legal things that scare people because the things they are doing are cutting edge and unfamiliar. They end up interfacing with law enforcement trying to figure out how all this drone stuff fits into their already complicated job of enforcing law.

How these things are handled will vary drastically from agency to agency. But in general, once it gets to the point where someone is handing you an investigator's card and asking you to give them a call for something *you* are suspected of doing, you are now in an adversarial relationship, even if you don't want to be. Even if you want to be helpful and explain things, that investigator is a wolf and usually wants to eat you. That's their job. True, police don't get to make up laws. If you didn't break any laws, the worst that can probably happen is getting arrested and charged with something inapplicable. But that still involves getting arrested and spending time in jail until you can cough up the four or five figure bond. And then having a lawyer fight it in court. And if you get a public defender, they're probably going to lean heavy on you to settle for something minor because they are already triplebooked and need to spend their time on cases that actually matter. Lots of people in this country end up with life changing negative outcomes after being arrested for doing legal things. It's not a rare thing. If you watch the video I linked, you will hear an actual VA Beach police detective tell you to not to talk to the police without a lawyer *especially* when you've done nothing wrong.
Yes, I admit that I'm in a rather unique position is the UAS community. But my goal is to get as many people as I can on the same level, or at least close to it. Unless you're some kind of weird policy wonk like myself, most of what I do is considered boring by normal people.

But I'd love to be able to get as many people as possible caught up on the knowledge I have. It's actually not that difficult if you look at it from a logical point of view. I know that logic and FAA regulations seem like an oxymoron, but at the deepest level, it all makes sense.

Application of those regulations can lead a Quaker to drink, but the rules and regulations themselves are pretty basic at the lowest levels.
 
One of the requirements, as I understand it, is that the drone be within sight of the operator (or accompanying assistant, etc.). From your footage, it doesn't look like this was the case which to me makes the flight not in compliance with the rules.
You are incorrect. I had line of site the entire time. I live on a hill with unobstructed view of that entire flight path. You have no way of extrapolating that opinion from this footage without knowing where I was standing. Cheers.
 
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The TRUST exam is required of all drone drivers, even Part 107 pilots if they are fly non-commercial missions (I read that as practice). As of June recreational flyers also have access to LANC to get pre-cleared to fly within 5 miles of tower airports and flights at "night" (30 minutes after local sunset) with a anti-collision light that meets FAA specs. You are also subject to all state and local laws, which your sheriff's office probably knows more about than you do. I wouldn't wait for another visit (and possibly a citation). I'd call their office and find out about local/state laws in your area. If they believe they have cause to issue a citation under one of those laws, they will and you'll need to sort things out in a courtroom. In this case, it sounds like you're following FAA regs but they will always defer to local restrictions.
Yes, I am aware of the TRUST exam, which is why I forwarded the officer my TRUST cert. along with my drone FAA registration cert the day we spoke. I am flying in uncontrolled air space. I've decided to not to call the officer back, because if I violated any state or local ordinances, I believe he would have contacted me by now to inform me. I've only had the drone up once since the incident, but only over my own property.
 
You handled it very well. I agree with most of the other responses. I would point out that the police officer could only enforce state law, so it is odd what they were asking you about and why. In other words, so long as you did not violate some state law, there isn't anything the police officer had the authority to do. They cannot cite you for Federal law violations. If the officers continue to pursue some kind of continued contact, I would ask them nicely if they think you violated some state law and ask what it is. If they don't have an answer, then politely bid them a good day and end the interview. You have no legal obligation to talk with them, even if they were to arrest you. As an ex-cop and retired attorney, I will note that some police really don't seem to understand they have limited authority, and a lot of the police contacts I read on these boards are way outside of the bounds of their authority. It is important to be nice, but that doesn't mean anyone has to answer 20 questions either.
Thank you for the good advice. I must reiterate, however, that the officer who interviewed me over the phone was very courteous and professional and I never got the sense that he was trying to make trouble for me or overstep his authority. I think the his main objective was to find out why I was hovering in the air space near the complaintant and make sure I was in compliance with the night flying rules with the auxillary aircraft warning beacon. I easily explained and provided evidence of both. I thought about contacting him to make sure we're all good, but decided against it. I haven't heard anything in a week, so unless I hear something else, I'm considering the matter closed.
 
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Yeah, you're just wrong. For one, it doesn't cost $15K to get a lawyer to sit in with you while you have a conversation with the police. It's not cheap, but again, calculate the cost to your finances and your life if you end up being charged because you foolishly admit to something that you didn't even realize was a crime, or because the police decide to try to apply a law to you that doesn't apply. How much is bail bond? How much will it cost in the long run to have a record of arrest and being charged? If you want to clear things up with the police, talking to them without a lawyer is NOT the way to do it. Talking to them with a lawyer present might be a good idea, but only a lawyer could tell you that. I encourage you to watch the video I posted. Actual police will tell you that talking to them without a lawyer present in a stuation where you are a suspect of any crime is an incredibly foolish thing to do. You are literally gambling with your entire life on a game that you don't know the rules to against opponents who play this game for a living.

Drones are the wild wild west right now and as an emerging technology law enforcement is still trying to process how to deal with them. Having a lawyer help with any law enforcement interactions might help you avoid becoming one of their test cases.

But you do you, man. :)
What kind of charges or illegal activity are you all talking about? If any criminal charges were brought, they would be misdemeanors, and you'd probably just be fined, if proven guilty. No warrants are gonna be issued over flying drones in an improper way, unless your using them to deliver drugs or something. For a judge to issue a search warrant, there would need to be some pretty damning evidence, not just some neighbors complaints. No DA is going to waist their time with minor drone infractions. If anything, you might see a civil suit initiated by your neighbor, but that's even pushing it.. Drone's and their pilots are just a minor nuisance, and the police and DA wouldn't give them much thought or even want to harass them with criminal mischief type charges. You might get in trouble only if you say something stupid and make yourself look guilty. Best to keep you mouth shut.
 
Yeah, you're just wrong. For one, it doesn't cost $15K to get a lawyer to sit in with you while you have a conversation with the police. It's not cheap, but again, calculate the cost to your finances and your life if you end up being charged because you foolishly admit to something that you didn't even realize was a crime
Are you a lawyer? I don't know about your area, but the lawyers here routinely charge $400-$1000/hr. When you call the lawyer to sit with the cops he'll want to interview you first. 1-2 hours. Then the conversation with the cops, another 1--2 hours. As someone else pointed out, unless you have flagrantly violated some law the worst you'll see is a citation and a fine. It is unlikely that you would even be charged with a misdemeanor. The problem with our legal system is that the cost of defense often exponentially exceeds the penalty for the accused offense- even if innocent. I think the exception to my position would be if you did in fact do something flagrant that possibly physically injured someone or severely damaged property will flying illegally.
 
I would have just told them; yes i was flying a drone, and yes i will be doing it again. If the neighbors dont like it, they can hop in the DeLorean and move to 1921 when people had to attach cameras to their kites to take good photos over the city.

Nevertheless, I don't see the point of handing over video, and providing all kinds of unnecessary extra information, that is none of anyones business.
 
I would have just told them; yes i was flying a drone, and yes i will be doing it again. If the neighbors dont like it, they can hop in the DeLorean and move to 1921 when people had to attach cameras to their kites to take good photos over the city.

Nevertheless, I don't see the point of handing over video, and providing all kinds of unnecessary extra information, that is none of anyones business.
Everyone has their own opinion, and I encourage them to handle the situation in whatever manner they see fit if and when they find themselves in a similar situation. As for me, I've heard nothing more, continue to fly my drone and consider the matter closed. So, others can disagree with the approach I took all they want. But it appears to have worked exactly as I wanted it to. I diffused the complaint, was forthcoming with the deputy and provided evidence to support my rights and evidently, pre-empted any further investigation by doing so. Case closed. Cheers.
 
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