Drones are remote-controlled aircraft. They can be equipped with cameras, and may be useful for surveillance. Does the use of drones by law enforcement officers raise any legal concerns? The short answer is yes, in at least four ways. Federal approval required. First, it appears that before any governmental entity may use drones, the entity must obtain a Certificate of Authorization from the Federal Aviation Administration. The FAA describes the COA process briefly here. However, failure to obtain FAA approval likely would not require the suppression of any evidence, such as video footage, obtained by an unauthorized drone. Violations of federal statutes and regulations don’t normally require suppression, so long as the violations are not also constitutional violations. (Constitutional violations are discussed below.) State CIO approval required. Second, before any governmental entity in North Carolina may use drones, the entity must obtain approval from the State CIO. This requirement is the result of several legislative enactments: Section 7.16 of the 2013 appropriations bill, L. 2013-360, provides that “[u]ntil July 1, 2015, no State or local governmental entity or officer may procure or operate and unmanned aircraft system . . . unless the State CIO approves.” Section 7.11 of the 2014 appropriations bill, L. 2014-100, extends the ban on unapproved governmental use of drones through December 31, 2015. Would a violation of this requirement necessitate the suppression of any evidence obtained thereby? Maybe. Although the statutory exclusionary rule in G.S. 15A-928 applies only to violations of Chapter 15A, the appellate courts [...]
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