HACKER Q&A
📣 samstave

Police use of drones and the 4th Amendment?


I saw a post where police used a drone catching some kids up to some mischief, which sent them running...

It got me thinking about local PDs using drones for whatever, and the 4th amendement:

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>Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

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>>and particularly describing the place to be searched

Seems like a drone use is a warrantless search?

I am just curious on the interpretation here - as I am sure we will see police drone use en-mass in the next few years...

And then there will be prosecutions against others who use drones to take out police drones, or anyone destroying a police drone - regardless of if the drone's by the PD is legal.

Anigbrawl thoughts?


  👤 orbz Accepted Answer ✓
There’s already some level of precedent around police usage of helicopters that will likely stand with usage of drones: https://en.wikipedia.org/wiki/Florida_v._Riley

👤 AnimalMuppet
A "search" is looking at what is private, not normally visible. The inside of your house is a place where "search" is the correct term. But if you're outside, you're visible, both to the police and to regular people.

Your home may be your castle; the parking lot at the mall (for example) is not. You have no expectation of what you do there not being seen.


👤 solardev
In general you don't have a right to expect privacy in a public place.