Taking By POLICE

[ericpoche]

I was flying my drone from my own property, when as I landed five cops showed up to ask if I was flying. I said yes . They then asked to look at the drone if I would go get it. I did . I gave the drone but held the remote from them, they then as holding my drone started telling me how I was breaking the law. They stated under rule 107 I was flying at night ,and over people. I then told them I flew under a hobbyist rule not 107 rule. I gave them my paperwork and they couldn't say anything. They told me call the station in 5 days and I can get a police report, took my drone and left without fair reason .week past got report it had I criminal trespassed on it. AS of yesterday a month later , I was called to come get my drone from them. Along with the drone I was given a copy of a search warrant that was written the day after for my memory card etc. I was told they now were not gonna charge me for trespassing they needed some crime reason to get a warrant. Has this ever happened to you,? What are your thoughts?

 

[ZX14-R]

Sounds a little dodgy ??

 

[Thomas B]

Sounds like they’ve been down on the bayou too long... or wanted to roust you because you were an easier target than real crime.

 

[ChrisOutdoors]

Lawyer up, don't consult the internet for legal advice. Good luck!

 

[dirkclod]

I was flying my drone from my own property, when as I landed five cops showed up to ask if I was flying. I said yes . They then asked to look at the drone if I would go get it. I did . I gave the drone but held the remote from them, they then as holding my drone started telling me how I was breaking the law. They stated under rule 107 I was flying at night ,and over people. I then told them I flew under a hobbyist rule not 107 rule. I gave them my paperwork and they couldn't say anything. They told me call the station in 5 days and I can get a police report, took my drone and left without fair reason .week past got report it had I criminal trespassed on it. AS of yesterday a month later , I was called to come get my drone from them. Along with the drone I was given a copy of a search warrant that was written the day after for my memory card etc. I was told they now were not gonna charge me for trespassing they needed some crime reason to get a warrant. Has this ever happened to you,? What are your thoughts?

Ok that’s much better than your first attempt to post that.

 

[Skywatcher2001]

Yeah ericpoche this ain't right! I'd DEFINITELY consult with a lawyer. They had no right (and it's a violation of your 4th Amendment Rights). The law is very specific and clear on this. This was an illegal search and seizure. They had no right to search your SD card. Now that you have evidence they found nothing wrong and the flight record shows that. We need a Pilot who's a lawyer (and a LEO) to chime in on this. This could happen to any one of us. LEOs need to brush up on the laws and stop governing/patrolling lawlessly.

 

[MAvic_South_Oz]

Here's an interesting thread about night flying and strobes, that got onto rules, and how confusing it can be regarding night flying . . . to law enforcement and others.

Recommendations for LED Strobe

Hi! I'm looking for some recommendations to increase the visibility of my Mavic 2 Pro at night. Anyone have something they can recommend? pics/vids are very much appreciated!

mavicpilots.com

It's all quite clear online (to drone pilots at least) regarding part 107 and hobbyist rules for night flight, and if you stated you flew as a hobbyist, followed other FAA rules, well . . . that's probably why they are trying to stick you for "criminal trespass" as some sort of trumped up charge.

Agree, you need proper legal advice, hopefully if you can find a lawyer that is a little familiar with this subject.
Might be hard, like finding LEO that are aware of all the fickle FAA drone rules.

 

[Skywatcher2001]

Bravo MAvic_South_Oz! Thanks for that. I did mention on the first post he made a week ago that (that) may be one reason they approached him. He was flying 30 min after sunset without collision avoidance lights. We know now (a week later) it was for a trespassing complaint.

They confiscated the drone BEFORE they got the warrant to seize and search it. That's what has me bent . . .

MAvic_South_Oz I need to get some strobes my man . . .

 

[AMann]

I was flying my drone from my own property, when as I landed five cops showed up to ask if I was flying. I said yes . They then asked to look at the drone if I would go get it. I did . I gave the drone but held the remote from them, they then as holding my drone started telling me how I was breaking the law. They stated under rule 107 I was flying at night ,and over people. I then told them I flew under a hobbyist rule not 107 rule. I gave them my paperwork and they couldn't say anything. They told me call the station in 5 days and I can get a police report, took my drone and left without fair reason .week past got report it had I criminal trespassed on it. AS of yesterday a month later , I was called to come get my drone from them. Along with the drone I was given a copy of a search warrant that was written the day after for my memory card etc. I was told they now were not gonna charge me for trespassing they needed some crime reason to get a warrant. Has this ever happened to you,? What are your thoughts?

Surprised they didn't ask for money! Carry a copy of the rules, and also be sure to document who is confiscating it and for what purpose and authority. Other members here even video recorded their contact and it helped their case in court after they were charged with a crime. If there is no charge for you, or damage to your property, perhaps consider letting it go- I know it made you angry, and I would be livid about it too, but personally, I would move on as they have already shown you how they operate and they have more money and lawyers than you can afford... but if you would rather push back, good luck - you have a lot of support here!

 

[MAvic_South_Oz]

We know now (a week later) it was for a trespassing complaint.

Thing is, they didn't mention this at the time of first contact.
They specifically said he was going down for 'flying at night', and may have done so knowing he was part 107, not flying (legally) recreationally ?

So, if it's criminal trespass, surely someone must have reported him (her ?) and that was acted on.
They didn't just see his bird and go find him (again, how without a report).
Then the LEOs would have then advised the trespass thing at the start.

Yes, the illegal searching is of major concern.
You all have very good constitutional rights there in the US, and mostly LEO seem to recognise this and act accordingly.

So this also begs the question . . . even if it was originally 'flying at night' that was the issue, just how did they know he was flying at night in the first place, and how did they locate him / her ?

There must be more to this story, possibly the OP doesn't know this. Yet.

 

[Skywatcher2001]

Surprised they didn't ask for money!

That happens a lot here too! ? !!! Mann that's funny (pun intended). . . .

 

[brett8883]

Note to self:
If LEO asks if I have a drone the correct answer is “do you have a search warrant?”

 

[Bigbird48]

He says hes flying from his own property so were does trespass come in. did I miss something. I fly at night a lot on my own property theres no way they could charge me with tresspass.

 

[DanMan32]

Perhaps he was operating from his property but flew over others?

I get LEO asking questions, perhaps advising to cease flying but seizure is ridiculous.

 

[brett8883]

Perhaps he was operating from his property but flew over others?

I get LEO asking questions, perhaps advising to cease flying but seizure is ridiculous.

Nobody but the federal government owns the air. They didn’t charge him because the prosecutor laughed in LEO’s face and now they are trying to save face.

 

[DanMan32]

FAA is encouraging LEOs to help enforce FAA rules.

 

[MAvic_South_Oz]

FAA is encouraging LEOs to help enforce FAA rules.

From the looks of what's already happened / happening in other countries, like Australia, and the UK, I think the Police are the only ones on the ground that will actually be available to enforce drone rules / new registration, licensing etc.
CASA (Australia) and CAA (UK) certainly don't have a force to go out and be proactive in rule enforcement, even reactive enforcement is probably too much for them.

Not sure about the US and numbers of LEO, but in Australia, Police out in the community aren't in terribly visible any more, budgets and force cuts, pretty sure the UK is in the same boat (plane ?) with pitiful Police numbers, maybe worse !

Drone infringements, unless drastic like major airport incidents, are simply not going to get much response.
Police here don't even want to come out for assaults and burglaries, or it takes hours / days to get someone on the spot.

It's probably going to be a fiasco of those that register next year here, those that don't, and as usual it will be at best reactive policing to any escalating incidents with drones.
How all the changes are going to be made known widely to the public is also something I wonder about.

 

[Bigbird48]

Perhaps he was operating from his property but flew over others?

I get LEO asking questions, perhaps advising to cease flying but seizure is ridiculous.

your not trespassing flying over property you can't be charged unless you physically go on the property

 

[brett8883]

your not trespassing flying over property you can't be charged unless you physically go on the property

As technology gets more advanced it will be interesting if you drive a remote controlled car, for example, into someone’s house would that be trespassing? It doesn’t seem like something that should be legal but what would the charge be? Interesting topic.

Of course in this example he has authorization to fly in the sky so it’s can’t be trespassing if you have the permission of the owner be there.

 

[ericpoche]

ok real quick was flying cops came jump out ther cars sad I was flying illegally as poor 107 flying at night flying over people I didn't say to them that I fly as a hobbyist and that I am able to fly at night I showed him all of my paperwork and they went to the course to try to look for a new law to put on me a little while later they came back Give me a receipt because they were taking my grown in that in three days I can call the office and get the police report three days I won't get the police report it said I am being charged with criminal trespassing three weeks later I received a call that I can come and get my grown when I picked it up they handed me a search warrant for the information they took off of the ST cardAnd then proceeded to tell me that I am not being charged with criminal trespassing they just needed a charge to put on the paper to get the warrant signed from the judge then he proceeded to tell me the rules of a 1070 no flying at night so on and so on and so on so on grandma grown in the papers and walked away before I got really mad