HOUSTON, Texas – The Bellaire Police Department announced it received approval from the Federal Aviation Administration to begin using drones to assist officers at crime scenes.
The department aims for the drones to fly ahead of officers, providing a real-time aerial view to responding officers, dispatchers, and supervisors.
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Many people may have concerns about privacy and rights, so KPRC 2 consulted a local attorney to clarify rights and protections regarding drone usage.
“For law enforcement to fly drones in your backyard and take pictures and or video without your consent, that would be a violation of your Fourth Amendment rights unless there are exigent circumstances,” attorney Richard Weaver explained. “So exigent circumstances are emergency situations that allow law enforcement to enter a premises without a warrant. It would be okay for law enforcement to fly a drone in your backyard and take photos and video if there was an emergency situation. Very much like when we see a helicopter fly over someone’s backyard with the spotlight looking for a criminal suspect. Now, if someone had told law enforcement, for example, we believe that someone is growing marijuana in their backyard, it would be unlawful for law enforcement to fly a drone in someone’s backyard without a warrant.”
Let’s explore the drone laws in Texas, established by the Texas Legislature, designed to protect individuals from unauthorized drone footage:
The Texas Privacy Act (Government Code § 423) is one of the most critical laws addressing drone operations. It aims to protect citizens from unwarranted surveillance or photography. It defines illegal surveillance as capturing images or recordings of private property or individuals without consent is prohibited. Violations can result in fines of up to $5,000 per image or recording.
There are exceptions to the law, including situations when law enforcement has a warrant, utility companies are inspecting infrastructure, and when academic research is approved by educational institutions, according to the Texas State Library, which lists the state statutes and federal law that govern drones.
Although the laws in Texas remain blurry, here’s what we know for certain:
What is allowed
- Police can use drones to survey the scene of a crime or disaster
- Police can use drones to protect public safety
- Police can use drones to conduct border security
- Police can use drones to respond to spills or suspected spills of hazardous materials
- Police can use drones to respond to fires
- Police can use drones to rescue people in danger
What is prohibited
- Capturing images of private property or individuals without consent
- Flying drones over correctional and detention facilities
- Flying drones over sports venues except in certain cases
- Flying drones over critical infrastructure facilities without authorization
Weaver said homeowners should know that they own the airspace above their home up to a certain level.
“When law enforcement is flying a drone over someone’s backyard, they’re usually flying it below the FAA level. So if they’re trying to capture something, but I would not be concerned about issues of trespassing because they have usually exceptions to flying over your backyard, mainly for the purposes of an emergency situation,” Weaver explained.
He also added that if you see a drone hovering over your backyard and you suspect it’s a law enforcement drone, just go inside.
“There could be an emergency situation happening. If it’s not law enforcement, it could be a hobbyist who is taking inappropriate videos and invading your personal space and privacy,” Weaver said.
Unfortunately, unlike police helicopters, there are no distinct markers to differentiate between a civilian drone and a law enforcement drone.
