Private drones vs. individual privacy

2015-02-20T16:57:10-05:00

Do you have the right?

Response by Sheryl Verhulst made Feb 20 at 2015 5:01 PM

2015-02-20T17:01:12-05:00

I mean, I would like to say "yes" but from a legal standpoint, the books say "no". What you think is your property isn't really "yours". You have it on lease from the government. That's why we pay property taxes. And if they want it, they will take it. Eminent Domaine.

Response by PO3 Private RallyPoint Member made Feb 20 at 2015 5:05 PM

2015-02-20T17:05:19-05:00

Oops! Did I do that? I thought that was an alien spacecraft about to abduct me and probe my orifices! (said in best redneck accent) Sorry 'bout that, ya'll get that off my lawn now ya hear?

Response by SSG Private RallyPoint Member made Feb 20 at 2015 5:11 PM

2015-02-20T17:11:26-05:00

Do you right to destroy the football your neighbor kid throws in your backyard? Perhaps... however doing it still makes you a jerk.

Response by SSG Eric M Hersh made Feb 20 at 2015 5:12 PM

2015-02-20T17:12:36-05:00

there shoyuld be a marking to tell us its ours ND CHANGE IT AS NECESSARY

Response by SSG Private RallyPoint Member made Feb 20 at 2015 5:14 PM

2015-02-20T17:14:34-05:00

Before the advent of air travel, landowners owned an infinitely tall column of air rising above their plot. (The Latin doctrine was Cujus est solum ejus usque ad coelum, or “whose is the soil, his it is up to the sky.”) In 1946 the Supreme Court acknowledged that the air had become a “public highway,” but a landowner still had dominion over “at least as much of the space above the ground as he can occupy or use in connection with the land.”

Flying as low as 80 feet was deemed by SCOTUS as an invasion of private property. Today, the federal government considers the area above 500 feet to be navigable airspace in uncongested areas. The Supreme Court hasn’t explicitly accepted that as the upper limit of property ownership, however it’s a useful guideline in trespass cases. So unless you own some very tall buildings, your private airspace probably ends somewhere between 80 and 500 feet above the ground.

United_States_v._Causby

Response by 1SG Private RallyPoint Member made Feb 20 at 2015 5:19 PM

2015-02-20T17:19:23-05:00

I believe under a certain elevation you have the right, but I don't honestly know.

Response by SPC Christopher Smith made Feb 20 at 2015 5:22 PM

2015-02-20T17:22:00-05:00

I'm sure I'll find out once I do it. It more than likely depends on what type of state you are in. If in Texas I could see it being target practice time. Here in Maryland, I'd probably be imprisoned for half of my life.

Response by MSgt Private RallyPoint Member made Feb 20 at 2015 5:48 PM

2015-02-20T17:48:02-05:00

Why damage them - plan ahead (discreetly of course) and attempt to jam the controlling frequencies. Once it falls on your property you can do a little bit of technical or rudimentary investigation and find out who the controlling entity is. This will give you the heads up on whomever is spying on you - knowing is half the battle in this type of unauthorized surveillance.
If a law enforcement entity is justified and is going by the laws they are suppose to be upholding - then they would have a search warrant and hand it to you in person. We have an awesome constitution that should be guiding our federal, state and local authorities in keeping them on the straight and narrow - when they slip off that and enter the dark side, then it time for legal action to be pursued.

Response by TSgt Joshua Copeland made Feb 20 at 2015 5:53 PM

2015-02-20T17:53:39-05:00

This actually is a pretty old question.

http://blogs.lawyers.com/2013/07/can-you-shoot-down-drone/

Can You Shoot a Drone Out of the Sky Above Your Property?

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Response by CPT Jack Durish made Feb 20 at 2015 6:40 PM

2015-02-20T18:40:45-05:00

Sadly, I live in an area where the discharge of a firearm would render mute any rights to airspace. For anyone who owns property in a rural area, I suggest that you do a little creative artwork on your computer and make yourself a "drone stamp" to affix to your hunting license. It may not work but I'd love to see the expression on a game warden's face after you bag your "prey"...

Response by SrA Matthew Knight made Feb 20 at 2015 6:54 PM

2015-02-20T18:54:34-05:00

Yes depending on the circumstance. If it it passing over on it's way elsewhere and is high enough up then I couldn't care less. However, if it is flying low and/or hovering over your property as if whoever is controlling it is watching you, then be all means shoot the bugger.

Response by Lt Col Private RallyPoint Member made Feb 20 at 2015 7:33 PM

2015-02-20T19:33:56-05:00

I fly these with the intent to do aerial cinematography, this obviously is a point of contention. The real issue is that for the last few years the FAA has refused to attempt to regulate it, until now. Most of the people who want to fly for hire are not interested in invading privacy or doing dangerous acts with them. There are a few exceptions out there who do not understand the consequences of flying these things around congested areas or in and around private property. If they are going to be flown for film they will have a film permit from local and/or state government agencies and a release from the FAA to fly a very specific flight profile. If a film company has a permit you will/should be notified of the operation. Once they have this they are legal to fly that profile and there will be a record of the event.

Shooting at one of them would not be advisable. You could actually just damage it causing it to fly out of control and causing harm to others. The best course of action if you are concerned about it would be to call your local law enforcement or local FAA office called a FSDO. Even just finding the pilot yourself. 95% of the time people flying them are unaware of the rules in the FAA circular for small small unmanned aircraft. Most of these small aircraft can only fly for about 10 minutes to a max of 20. The operator is going to be most likely really close by inside a half mile, in most cases not more than a few hundred yards away of the flight operation. They generally will try to fly line of sight of the aircraft with a video feed as a backup. That video feed is reliable up to about 1/2 a mile line of sight at best unless they spent money on a real expensive transmitter. The majority are using cheap analog transmitters that start loosing signal fairly quickly. If one was buzzing around you it would not be hard to follow it on its way home to the launch spot and have a conversation with the pilot or get the licence plate of whatever vehicle they are driving and report them as appropriate. That is the best course of action you can do.

Response by SGT Jim Z. made Feb 20 at 2015 7:48 PM

2015-02-20T19:48:36-05:00

I am very much conflicted in the right to shoot down a drone. My son owns a small drone and at times does not always watch where he is flying it so it could stray. On the other hand I do not know if that drone has a camera and is being used for reconnaissance to break into my place. I camped last year with a gentlemen that had one and his neighbor politely asked him not to fly it over the fence line which he agreed to. So I am not casting a vote.

Response by MAJ(P) Private RallyPoint Member made Feb 20 at 2015 8:31 PM

2015-02-20T20:31:12-05:00

Slippery slope, how do you know if that low flying drone is working on actionable Intel near your residence?

What if your neighbors kids flew a harmless RC helicopter or plan accidently over your property? Are you going to shoot it down because you have the right? Does it truly matter?

Worst case, you shoot something because you have the right, miss, and you injure someone in the process?

I'm fully versed in our Constitutional rights. I also know our founding fathers didn't foresee us fighting international and domestic terrorist at the level we are today. We were fighting a force thousands of miles away during that time and technology was next to nonexistent.

Personally, I have nothing to hide and nothing to fear from my government. I fear terrorism at all levels from all angles; from a bomb plot to an active shooter.

I'll start fighting back and swearing my rights the minute someone comes to my home and demands my weapons. At that point, it'll be time to look into another revolution.

Response by SFC Nikhil Kumra made Feb 21 at 2015 9:00 AM

2015-02-21T09:00:54-05:00

I wouldn't go nuts and just start shooting whatever is over the property - especially if I knew where it was coming from or who's it was... But if it was a nuisance, sure...

Response by GySgt Wayne A. Ekblad made Feb 21 at 2015 9:18 AM

2015-02-21T09:18:25-05:00

Response by GySgt Wayne A. Ekblad made Feb 21 at 2015 11:59 AM

2015-02-21T11:59:29-05:00

Response by SGT Private RallyPoint Member made Feb 21 at 2015 12:02 PM

2015-02-21T12:02:27-05:00

Fly a drone over my property and its open season

Response by 1LT Nick Kidwell made Feb 21 at 2015 12:08 PM

2015-02-21T12:08:07-05:00

I voted yes, but with a caveat. I'm assuming that this drone has a camera on it. If it lingers over my property AFTER I have clearly taken aim with my shotgun, I will take it as an intentional invasion of privacy and trespass upon the airspace above my home that clearly belongs to me.

“Cuius est solum, eius est usque ad coelum et ad inferos”

Response by Cpl Brett Wagner made Feb 21 at 2015 3:29 PM

2015-02-21T15:29:14-05:00

Doesn't the government do enough spying on the American people through NSA already?

Response by SFC Mark Merino made Feb 21 at 2015 4:04 PM

2015-02-21T16:04:51-05:00

Just last month, the Cartel jumped on the band wagon. What's next?

http://www.bbc.com/news/technology-30932395

Drug delivery drone crashes in Mexico - BBC News

A quadcopter drone carrying 3kg of illegal drugs crashes near the border between Mexico and the US.

Response by SSG Leonard Johnson made Feb 21 at 2015 4:11 PM

2015-02-21T16:11:36-05:00

You know what CSM, that is a good question. I know out here in Colorado, there a town out east of here that handed out drone hunting permits.
Now I don't care who you are...that there is funny.

Response by SSgt Private RallyPoint Member made Feb 21 at 2015 4:14 PM

2015-02-21T16:14:45-05:00

Yes and then charge Obama!

Response by CPT Craig Church, ASLA, LEED GA made Feb 21 at 2015 4:21 PM

2015-02-21T16:21:30-05:00

Privacy is now more at risk than ever.

Response by SPC Charles Griffith made Feb 21 at 2015 6:38 PM

2015-02-21T18:38:03-05:00

And in my opinion not just Private drones invading my personal space but ANY invasion of my private space is IMHO a defensible act.

Response by SSG John Erny made Feb 23 at 2015 6:16 PM

2015-02-23T18:16:30-05:00

Just a new take on a remote controlled helicopter, you could put a camera on one of those as well. The question should be should you be able to fly remote controlled air craft with in city limits? I have no problem with people flying them at the RC club or their own rural property.

Response by MAJ Private RallyPoint Member made Feb 23 at 2015 11:10 PM

2015-02-23T23:10:08-05:00

Yes if it lingers long enough to get a shotgun.

Response by SFC Dan Trude made Feb 24 at 2015 12:36 AM

2015-02-24T00:36:49-05:00

If someone wants to loose a drone I will ablige them if they want to spy on me. I am not a criminal there fore no need to spy. but I am a VET and can an will shoot to protect my own or my country

Response by MAJ Private RallyPoint Member made Feb 25 at 2015 8:58 PM

2015-02-25T20:58:31-05:00

Response by MAJ Private RallyPoint Member made Feb 25 at 2015 8:59 PM

2015-02-25T20:59:13-05:00

Response by LCpl Private RallyPoint Member made Mar 3 at 2015 5:07 AM

2015-03-03T05:07:08-05:00

Make sure you get your DU drone loads. That'll handle the heavier stuff.

More seriously, you shouldn't shoot /anything/ within city limits or within 500 yards of an occupied structure outside of city limits.

Response by CPT Zachary Brooks made Mar 3 at 2015 12:09 PM

2015-03-03T12:09:30-05:00

Sadly, in today's world, do we actually own property? Sure we have paid for a house to be built on it, but we still pay property taxes (and can have our house repoed if we do not pay) as well as many things we cannot do such as living off the grid or collecting rain water.

Therefore, are we destroying someone else's private property that is invading our private property or not?

Response by MAJ Private RallyPoint Member made Apr 19 at 2015 6:47 AM

2015-04-19T06:47:37-04:00

You mean like this: https://youtu.be/ncEjTOFKQtQ