Unmanned aerial vehicles (UAVs), or drones, are becoming an increasingly popular tool of choice for public safety organizations. Their relative cost, ease of use, and low human risk make them an attractive option for those charged with conducting law enforcement or rescue work. As this technology advances, public policy questions surrounding information collection, usage, and dissemination arise. In the absence of a federal standard, state legislatures and public safety agencies must shoulder the responsibility of protecting individual liberty and privacy concerns relative to this technology. This paper explores the current UAV landscape for governmental agencies. First, it will examine public opinion data on Americans’ attitudes towards the usage of UAVs, both generally and with regard to specific use for law enforcement purposes. Next, it will examine the current legal framework governing their use, considering both the relevant Fourth Amendment jurisprudence decided by the United States Supreme Court as it applies to both manned and unmanned surveillance as well as the patchwork state legislation currently in place. Finally, this paper will propose a model statute that the authors believe is capable of both protecting individual Fourth Amendment rights, while at the same time enhancing the collective public safety of our communities.
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