Update on Drones

Published for NC Criminal Law on August 22, 2017.

I wrote about law enforcement use of drones here, and a little bit here. It is now easier than before for law enforcement agencies to acquire drones, and some agencies have done so. But courts have yet to engage with the Fourth Amendment issues that some uses of drones may present. This post provides an update on where things stand with law enforcement use of drones. More agencies are acquiring and using drones. This new report from the Center for the Study of the Drone states that “at least 347 state and local police, sheriff, fire, and emergency units have acquired drones in the past several years [including at least eight in North Carolina]. More acquisitions took place in 2016 than in the previous years combined.” Most agencies are using widely available DJI drones rather than specialized models marketed specifically for public safety purposes. Why do agencies want drones? This local article explains that the Moore County Sheriff’s Office recently acquired a drone “to assess high-risk situations involving active shooters, hostages and explosive devices” and to “help authorities with common tasks such as crime scene photography and crowd monitoring.” Agencies no longer need approval from the state CIO to acquire and use drones. When I wrote about drones previously, the General Assembly had prohibited state and local government entities from procuring or using drones without prior approval from the state’s chief information officer (CIO). That pre-approval requirement was tweaked slightly by S.L. 2015-232 and ultimately expired on December 1, 2015. Agencies [...]