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Assignment 4

The memo discusses using UAVs for law enforcement and public safety purposes. It provides an overview of UAV functionality and examples of how police departments have used UAVs. The memo also summarizes relevant legal precedents and privacy guidelines that should be followed when using UAVs.

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69 views

Assignment 4

The memo discusses using UAVs for law enforcement and public safety purposes. It provides an overview of UAV functionality and examples of how police departments have used UAVs. The memo also summarizes relevant legal precedents and privacy guidelines that should be followed when using UAVs.

Uploaded by

api-632885492
Copyright
© © All Rights Reserved
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Download as PDF, TXT or read online on Scribd
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UAV Committee Chair

Jeff J. Reed

University of San Diego

LEPS-530

Public Safety Law


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MEMORANDUM
Police Department

DATE: October 2, 2022

TO: Chris Hsiung, Chief of Police

FROM: Jeff J. Reed, Assistant Chief

SUBJECT: UAV Program

This memo will provide a brief overview of Unmanned Ariel Vehicle (UAVs') various

functionality, public safety, and law enforcement potential. I will summarize the legal precedents

and guidelines related to UAVs. I will also address privacy and ethical concerns that privacy

rights advocates might raise.

The functionality of UAVs

After attending a recent Chula Vista Police Department presentation, I learned the value of this

new technology and how this could safely assist law enforcement in various deployments.

The Chula Vista Police Department provided an example of using drones to patrol during the

COVID-19 lockdown. The department used drones to monitor the homeless encampments within

city limits due to the "lack of reliable information on the severity of the coronavirus outbreak’.

Chula Vista Police Department deployed this tool because "It might be impractical or unsafe for

our officers to be put into those areas". Other Police Departments, such as Mountain View, use

their drones in various deployments. The UAVs are used to enhance public safety, improve

operational safety, and incident stabilization. Some examples of UAV missions have been used

for lost or missing persons, disaster response and recovery, and suspected explosive devices.
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Legal Precedents and Guidelines

The UAS may be utilized to enhance the department's mission of protecting lives and property

when other means and resources are unavailable or less effective. Legal precedents associated

with drone use will determine how the department will deploy this new technology. Gordon

Graham mentions, "You need to know that drone use by your agency is regulated by

the FAA. Only agencies and personnel that meet FAA requirements should operate these

systems." California v Ciraolo held that it is reasonable under the Fourth Amendment that

overhead flights were a warrantless legal search under the plain view doctrine. However, Kyllo v

United States references that using thermal imaging to measure any heat inside a home will

require a warrant because the occupants inside have a greater expectation of privacy. Therefore,

UASs shall not intentionally record or transmit images of any location where a person would

have a reasonable expectation of privacy and adhere to all FAA altitude regulations.

Privacy and Ethical Concerns

According to Craig Schwartz, "I think the most critical part of the process, convincing the city

leadership and also the community, is that this will benefit the community and that we will use

responsibility and constitutionally". This department will follow the guidelines of the ACLU and

affirm that we are aware of the national narrative concerning privacy and the misuse of this new

technology. We will strive to build trust at legitimacy. This department will adhere to the ACLU

report titled "Protecting Privacy from Aerial Surveillance" and understand the concerns

regarding "Explicit and publicly available written policies and procedures for the use of drones

or other aerial surveillance technology. Measures to audit the accountability processes and
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effectiveness of drones used by the government. Democratically controlled deployment and

policy decisions made based on open information rather than the police departments and their

policies (Naval Post Graduate School Thesis)".


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References

Police 1 (March 2020) – Calif. Police Using Drones to Patrol During COVID-19 Lockdown

Schwartz, Craig – FirstNet Public Safety First

Graham, Gordon – Lexipol Risks of Drone Use in Public Safety

Mountain View Police UAV Policy

Presentation 4.1 Part 1 – Ethical Use of Drones for Law Enforcement

Naval Post Graduate School Thesis (December 2017)

500 words used

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