sUAS: Privacy and Operations

Don Roby ■Retired member of the Baltimore County Police Department after 35.5 years ■Current Chair of the IACP Aviation Committee (For the past 5- years and a member of the committee for 17-years) ■Training Program Manager for the Airborne Law Enforcement Association (Frederick, MD) ■President of the Public Safety Aviation Accreditation Commission 2

Activities and Actions Concerning sUAS ■Both ALEA and IACP have been involved in the sUAS issue since its inception in ■Both associations have participated in NIJ, FAA and other committees concerning the integration of sUAS into law enforcement. 3

Why Use Unmanned Aircraft? ■18,000 local and state law enforcement agencies ■Less than 220 have use manned aircraft ■Helicopter costs: $1.8M+ and $575+ per hour ■UAS costs: $30K and $20 per hour ■1/3 of the missions of a helo for less than 2% of purchase cost and less than 4% of operating cost 4

Law Enforcement Applications –Routine Response to Calls for Service ■Crimes in progress (containments) ■Searches for persons (good and bad guys) ■Accident and crime scene photography ■Alarm calls (fenced areas and roof checks) ■Other Public Safety Flights –Special Operations ■Crowd and traffic control at special events ■Pre-raid reconnaissance and intelligence gathering ■Marijuana eradication field grid searches ■Disaster assessment ■Hazmat and radiological sampling/monitoring 5

U.S. Supreme Court on Technology and Aircraft ■Keys: Reasonable expectation of privacy and navigable airspace ■1946 United States v. Causby (328 U.S. 256) –Military overflights (83’ agl) of Greensboro, NC Chicken Farm ■1986: California v. Ciraolo (476 U.S. 207) –Santa Clara, CA PD aerial observation of marijuana plants in fenced backyard from 1000’ AGL legal ■1986: Dow Chemical v. U.S. (476 U.S. 227) –EPA aerial observation of air pollution legal ■1989: Florida v. Riley (488 U.S. 445) –Pasco County Sheriff’s helicopter at 400’ AGL observes marijuana plants in green house 6

IACP Model Policy ■Approved by the IACP Board ■The model policy is an enhancement of the Guidelines for the Use of Small Unmanned Aircraft by Law Enforcement. ■The model policy also includes a white paper. 7

IACP Model Policy ■Explains the technology and defines missions/applications ■Defines the procedures for the use of sUAS by the agency ■Establishes restrictions for the use of sUAS ■Establishes Digital Media Evidence procedures ■Covers supervision and reporting ■Mandates training 8

Definitions and Deployment ■Situational Awareness ■Search and Rescue ■Tactical Deployment ■Visual Perspective ■Scene Documentation 9

Procedures for the Use of sUAS ■Must have FAA authorization and comply with all FAA rules. ■Only operated by members that are trained and certified. ■Establishes accountability ■Data captured will be the property of the agency. ■All flights will be approved and documented. ■Consideration will be given to notify public of the flight. ■Covers search and seizure/search warrants. 10

Restrictions ■Only used for official public safety missions ■Must be operated in a safe manner ■Prohibition on weapons being mounted on the aircraft 11

Evidence Retention and Management ■All digital media evidence shall be handled in accordance with the agency’s existing policy. ■Secure downloads from device. Logging of mission information, case numbers, mission identifiers and crew involved in the case/mission. ■Prohibition against the editing, altering, erasing, duplication, copying, sharing or distribution of DME. ■Secure access and storage of DME 12

Supervision and Reporting ■A supervisor shall manage the sUAS program. Including deployments and uses. Assures compliance with policy. ■Mandates a documented audit of the use of the sUAS. ■Mandates the publishing of an annual report on the use of sUAS. 13

Training ■Establishes that all personnel utilizing sUAS must be trained. ■Establishes currency requirements for aircrews. ■Establishes maintenance requirements for aircraft. ■Mandates that personnel, including commanders, receive training in local and federal laws and regulations, as well as policies and procedures for the use of sUAS. 14

Law Enforcement Encounters with sUAS Operators ■Increasingly, there have been several encounters or criminal acts involving sUAS or RC aircraft. ■The FAA released guidelines for law enforcement in dealing with encounters with sUAS and RC operators. ■The guidelines assist LE in navigating this confusing issue. ■The FAA sUAS registration process is definitely assisting us in identifying those violators. 15

Contact Information Don Roby Training Program Manager Airborne Law Enforcement Association 50 Carroll Creek Way, Suite 260 Frederick, MD (717)