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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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, 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.
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.
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.
