gallantwarrior
Gold Member
- Jul 25, 2011
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- 7,617
Ah. Well, he better not shoot those down, either.It isn't a drone. You're making the same mistake Mr.Nick made and I missed. These are small airplanes with EPA inspectors aboard.It does apply as far as the principle of the expectation of privacy is concerned. And, my previous post about HOW it is applied specifically to aerial surveillance explains that clearly. THAT was Allen v. United States, where the Katz principle was applied to aerial surveillance. The ruling said that there IS an expectation of privacy from the air if there is not routine air traffic over the property.
That's where the law is on this.
The drone surveillance should be challenged. I hate the constant erosion of the 4th Amendment and I don't care if you are polluting, growing drugs, or making bombs on your property. The authorities need to get a fucking warrant if there is an expectation of privacy.
Regardless of whether it is a drone taking the pictures or persons in a plane, the expectation of privacy as far as aerial surveillance still is the same - it exists if there is not routine air traffic over the property.
Based on those two cases I mentioned earlier (the landmark expectation of privacy case and the Allen case on aerial surveillance). That is my understanding.
ETA: In one case on this, and I can't recall which one, the court's opinion stated that one need not construct an opaque bubble over one's property to guard their privacy, but on the other hand, if air traffic is routine, then they better do so if they want the privacy. Seems like some very common sense talk to me.
It would depend on the type of air traffic involved. Normally, air traffic any where other than in close proximity of a small airport implies aircraft flying at altitudes high enough that no specific features of a property would be discernible without some very specialized surveillance equipment. In an area like where I live, small aircraft are the rule. Estimates have 1 in 4 people in AK have private pilots' licenses and small, general aviation craft are quite normal. Most of them are operated using VFR, which means they navigate using prominent features, such as roads, rivers, other landmarks. So I might think twice about shooting at an manned aircraft. Drones, on the other hand, have no imaginable legitimate reason for overflying my property. I'd consider them target practice of the best sort.