FAA Encouraging Cops to Confiscate Drone, SD Cards
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LiLPhantom said:
This is really ridiculous.
It makes me glad I'm a hobby/recreational flyer though. Hopefully that will keep me safe.
(Though I'd so like to use my drone to film the Seahawks kicking the Panther's asses today!)
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I am no attorney, however the FAA instructing LEO to identify, interview, confiscate, and search thru SD cards without any actual law being broken, as there is no actual law, only guidelines and suggestions by the FAA. This is a last ditch effort, a panic move by the FAA.
Illegal search and seizure, and violation of 1st amendment law suits begin now!
Illegal search and seizure, and violation of 1st amendment law suits begin now!
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I always inform any local police officers I see, in the areas where I fly, of what I'll be doing and have never had any problems. If asked, the safest answer always seems to be, "I'm just doing it for fun, as a hobby." Most officers are fascinated with the technology and want one themselves. I never try to argue or "inform" them of the laws or lack of law. 
In the Uk here are the rules for any type of filming in public.
CAN THE POLICE DEMAND TO SEE THE CONTENTS OF MY DEVICE AND DELETE ANY OF THE INFORMATION?
No they cannot. They would need a warrant under RIPA (Regulation of Investigatory Powers Act 2000) to access the contents of your device – and would have to arrest you and seize the device to obtain one.
If an officer asks to see what you have recorded tell them that they have no authority and if they wish to examine the device they should obtain the necessary warrant.
Any officer attempting to delete recordings or photographs from a device is committing a criminal offence, as this constitutes the destruction of evidence.
THE POLICE SAY IF I DON’T STOP FILMING THEY CAN SEIZE MY CAMERA FOR EVIDENTIAL PURPOSES, IS THIS TRUE?
Although in some instances the police can seize items that contain useful evidence there has to be a justifiable reason for doing so. A police officer cannot seize your camera under this power simply because you refuse to stop filming. Refusing to abide by an unlawful command that is made by a police officer is not a criminal offence. Therefore any attempt to seize your camera as a result would be malicious and the officer could be liable for a charge of misconduct.
WHAT IF THE POLICE PUT THEIR HANDS ON ME OR MY CAMERA TO MAKE ME STOP?
Any member of the police service or public that physically grabs at you or your camera in an attempt to stop you filming could be liable to a charge of assault. Anyone that threatens or intimidates you into putting away your camera could be liable to a charge of harassment.
If a police officer forces you to stop recording against your will, and you are not under arrest, then take a note of the officers collar number and make an official complaint of misconduct to their relevant Professional Standards Department.
Unfortunately, too many people in authority believe they have an automatic right of entitlement over the public. Paramedics, PCSOs, security guards and other state employees can become extremely aggressive and hostile when a member of the public records them. Although they are in the wrong for doing so it still pays to be discreet, reasonable and cautious when recording people who may suddenly become a physical risk to you at that moment.
AM I INFRINGING ANYONE’S RIGHTS BY RECORDING THEM?
The British Police are public servants and should expect to be placed under scrutiny. However police officers – and members of the public – commonly make outlandish claims of breached rights when they protest to being recorded.
Do these people object to the thousands of CCTV cameras that scrutinise us daily, without our permission or knowledge? No. And yet there is no difference between you filming out on the street and local authorities recording us all with CCTV; except for the fact you won’t have to apply to the authorities for a copy of a video you have recorded yourself.
If you hear an officer complaining that you are “infringing their human rights”, “acting suspicious” or “harassing them”, don’t let it intimidate you into switching off your camera. A police officer claiming he is being harassed whilst performing his duties is like a dustman complaining of a bad smell.
THE POLICE TELL ME IF I DON’T STOP FILMING THEY CAN ARREST ME FOR A PUBLIC ORDER OFFENCE, IS THIS TRUE?
The Public Order Act is the most abused piece of legislation in the UK when it comes to the police forcing people to comply with unlawful commands. And unfortunately too many officers think that ‘talking back’ is an arrestable offence, by way of breach of the peace or anti social behaviour laws.
Any police officer that uses threat of arrest as a means to intimidate, punish or force you to comply with them is acting unlawfully.
As long as you are not behaving in a manner that a reasonable person would deem as anti-social or a public nuisance then the police have no cause to arrest you for filming in a public place against their will.
Source http://crimebodge.com/page/3/
CAN THE POLICE DEMAND TO SEE THE CONTENTS OF MY DEVICE AND DELETE ANY OF THE INFORMATION?
No they cannot. They would need a warrant under RIPA (Regulation of Investigatory Powers Act 2000) to access the contents of your device – and would have to arrest you and seize the device to obtain one.
If an officer asks to see what you have recorded tell them that they have no authority and if they wish to examine the device they should obtain the necessary warrant.
Any officer attempting to delete recordings or photographs from a device is committing a criminal offence, as this constitutes the destruction of evidence.
THE POLICE SAY IF I DON’T STOP FILMING THEY CAN SEIZE MY CAMERA FOR EVIDENTIAL PURPOSES, IS THIS TRUE?
Although in some instances the police can seize items that contain useful evidence there has to be a justifiable reason for doing so. A police officer cannot seize your camera under this power simply because you refuse to stop filming. Refusing to abide by an unlawful command that is made by a police officer is not a criminal offence. Therefore any attempt to seize your camera as a result would be malicious and the officer could be liable for a charge of misconduct.
WHAT IF THE POLICE PUT THEIR HANDS ON ME OR MY CAMERA TO MAKE ME STOP?
Any member of the police service or public that physically grabs at you or your camera in an attempt to stop you filming could be liable to a charge of assault. Anyone that threatens or intimidates you into putting away your camera could be liable to a charge of harassment.
If a police officer forces you to stop recording against your will, and you are not under arrest, then take a note of the officers collar number and make an official complaint of misconduct to their relevant Professional Standards Department.
Unfortunately, too many people in authority believe they have an automatic right of entitlement over the public. Paramedics, PCSOs, security guards and other state employees can become extremely aggressive and hostile when a member of the public records them. Although they are in the wrong for doing so it still pays to be discreet, reasonable and cautious when recording people who may suddenly become a physical risk to you at that moment.
AM I INFRINGING ANYONE’S RIGHTS BY RECORDING THEM?
The British Police are public servants and should expect to be placed under scrutiny. However police officers – and members of the public – commonly make outlandish claims of breached rights when they protest to being recorded.
Do these people object to the thousands of CCTV cameras that scrutinise us daily, without our permission or knowledge? No. And yet there is no difference between you filming out on the street and local authorities recording us all with CCTV; except for the fact you won’t have to apply to the authorities for a copy of a video you have recorded yourself.
If you hear an officer complaining that you are “infringing their human rights”, “acting suspicious” or “harassing them”, don’t let it intimidate you into switching off your camera. A police officer claiming he is being harassed whilst performing his duties is like a dustman complaining of a bad smell.
THE POLICE TELL ME IF I DON’T STOP FILMING THEY CAN ARREST ME FOR A PUBLIC ORDER OFFENCE, IS THIS TRUE?
The Public Order Act is the most abused piece of legislation in the UK when it comes to the police forcing people to comply with unlawful commands. And unfortunately too many officers think that ‘talking back’ is an arrestable offence, by way of breach of the peace or anti social behaviour laws.
Any police officer that uses threat of arrest as a means to intimidate, punish or force you to comply with them is acting unlawfully.
As long as you are not behaving in a manner that a reasonable person would deem as anti-social or a public nuisance then the police have no cause to arrest you for filming in a public place against their will.
Source http://crimebodge.com/page/3/
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crash1sttime said:
Here, here. Well said indeed sir. And as LEO here in the states what you say is pretty much the same here in USA. Last week, Metro line police were ticketing people for 'stealing' energy from the city because they had their cellphones plugged into the wall in the subway!! That lasted about 1 hour!
ianwood
Taco Wrangler
The Supreme Court ruled this summer that police cannot search your phone without a warrant. It would be the same thing with the contents of an SD card.
This is akin to the FAA declaring war on all multi-rotor users. It is an assault on hobbyists and commercial users alike. How are the cops going to tell the difference until after they have stopped, searched and harassed you?
It is not a crime to fly a Phantom.
This is akin to the FAA declaring war on all multi-rotor users. It is an assault on hobbyists and commercial users alike. How are the cops going to tell the difference until after they have stopped, searched and harassed you?
It is not a crime to fly a Phantom.
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ianwood said:
That is correct As a matter of fact LEO's got admonishment to NOT even consider asking people to turn off their cameras, etc at scenes of crimes, etc., UNLESS they get in the way of Police business
Meta4
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Sorry to burst your bubble but the heading of the initial post was FAA Encouraging Cops to Confiscate Drone, SD Cards
I've read through the document twice and can't see any hint of a recommendation from the FAA that law enforcement officers confiscate anything. There is nothing there at all about SD cards or the photos on them.
Might be an idea to read the actual document rather than comment on what the OP imagines it says.
I've read through the document twice and can't see any hint of a recommendation from the FAA that law enforcement officers confiscate anything. There is nothing there at all about SD cards or the photos on them.
Might be an idea to read the actual document rather than comment on what the OP imagines it says.
JMO, the FAA needs to do something as far as starting to go after these idiots that are causing the havoc. If the FAA wants to try to get a handle on this, they need to start making the exemptions for those that want to use them commercially ( as most of these people are not going to use them in a dangerous manner). The FAA has just been dragging their feet for too long. For the most part, we are a good group of people who enjoy our hobby with a small few that are ruining it for us all. Like I have said before, when one of these idiots that is flying dangerous or reckless has their UAV sucked up into a jet engine, it's gonna be a sad day for us all.
Duplicate topic. Please use the existing thread to comment on. Thanks! http://www.phantompilots.com/viewtopic.php?f=3&t=32890
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