The first requires that a warrant be issued before any law enforcement agency uses a drone within the state. The legislation is restrictive enough that drone use would be severely curtailed.
The second is a full ban on the use of drones by law enforcement, criminalizing their use.
*******
PRIVACY PROTECTION ACT V1: WARRANT REQUIREMENT FOR BOTH STATE AND FEDERAL LAW ENFORCEMENT AGENCIES PRIOR TO THE USE OF DRONES
SECTION 1. [STATE] General Laws, Chapter ____ of Title _____ is hereby amended by adding thereto this section:
– Warrant Required for the Use of Unmanned Aerial Vehicles (UAVs) by Law Enforcement–
(a) The general assembly finds and declares the following:
(1) The right to privacy is fundamental in a free and civilized society;
(2) Persons within the State of [STATE] have a reasonable
and justifiable expectation of privacy that they will not be monitored
with UAVs by law enforcement agents of the United States or law
enforcement agents of the State of [STATE] without a warrant based on
probable cause first issuing;
(3) The potential benefit to law enforcement and criminal
justice from the use of UAVs without a warrant first issuing is far
outweighed by the degradation to the fundamental right to privacy
secured by the Constitution of the United States and the Constitution of
the State of [STATE] that will result from law enforcement use of UAVs
without first obtaining a warrant;
(4) The use of UAVs by law enforcement without first obtaining a warrant is repugnant to a free society.
(b) Any law enforcement agent of the United States that
shall utilize a UAV for any purpose whatsoever within the airspace of
the State of [STATE] without first obtaining a warrant shall be guilty
of a Class A Misdemeanor.
(c) Any law enforcement agent of the State of [STATE] that
shall utilize a UAV for any purpose whatsoever within the airspace of
the State of [STATE] without first obtaining a warrant shall be guilty
of a Class A Misdemeanor.
(d) Any person that shall knowingly, or under facts where
the person should know, assist any person or entity to violate section
(b) or (c) of this chapter shall be guilty of a Class A Misdemeanor.
(e) Any information gathered by a UAV without a warrant,
and any information gathered as a result of the use of a UAV without a
warrant, is declared inadmissible in any civil or criminal court of law
in the State of [STATE].
(f) As used in this section, “Unmanned Aerial Vehicles” and “UAVs” are any aircraft without a human pilot on board.
(g) As used in this section, “law enforcement agent of the
United States” is any officer, employee or agent of the United States,
or any officer employee or agent of a branch, department or agency of
the United States, or any person or entity acting under contract with
the United States or any branch, department or agency thereof, for the
purpose of law enforcement or criminal justice.
(h) As used in this section, “law enforcement agent of the
State of [STATE]” is any officer, employee or agent of the State of
[STATE], or any officer employee or agent of a branch, department or
agency of the State of [STATE], or any person or entity acting under
contract with the State of [STATE] or any branch, department or agency
thereof, for the purpose of law enforcement or criminal justice.
(i) As used in this section, a “warrant” shall be issued by
a duly authorized State magistrate or judge, or a Federal magistrate or
judge, using the procedures established by applicable law. Any such
warrant shall be based on probable cause established by oath or
affirmation, shall be obtained prior to the use of a UAV, and shall
expire twenty-four (24) hours after issuance.
(j) This section shall be construed broadly to effect the
legislative intent of requiring a warrant prior to the use of UAVs
within the State of [STATE] by law enforcement, and requiring a warrant
in order for any information obtained by a UAV, or as a result of the
use of a UAV, to be admissible in a court of law.
(k) Severability: If any provision, portion or subdivision
of this Act is or becomes illegal, such illegality shall not affect the
remainder of this Act.
SECTION 2: This act takes effect immediately upon approval by the Governor.*******
PRIVACY PROTECTION ACT V2: BAN ON THE USE OF DRONES BY FEDERAL AND STATE AGENCIES
SECTION 1. [STATE] General Laws, Chapter ____ of Title _____ is hereby amended by adding thereto this section:
– Use of Unmanned Aerial Vehicles (UAVs) by Law Enforcement Banned –
(a) The general assembly finds and declares the following:
(1) The right to privacy is fundamental in a free and civilized society.
(2) Persons within the State of [STATE] have a reasonable
and justifiable expectation of privacy that they will not be monitored
with UAVs by law enforcement agents of the United States or law
enforcement agents of the State of [STATE].
(3) The potential benefit to law enforcement and criminal
justice from the use of UAVs is far outweighed by the degradation to the
fundamental right to privacy secured by the Constitution of the United
States and the Constitution of the State of [STATE] that will result
from law enforcement’s use of UAVs.
(4) The use of UAVs by law enforcement is repugnant to a free society.
(b) Any law enforcement agent of the Federal Government
that shall utilize a UAV for any purpose whatsoever within the airspace
of the State of shall be guilty of a Class A Misdemeanor.
(c) Any law enforcement agent of the State of [STATE] that
shall utilize a UAV for any purpose whatsoever within the airspace of
the State of [STATE] shall be guilty of a Class A Misdemeanor.
(d) Any person that shall knowingly, or under facts where
the person should know, assist any person or entity to violate section
(b) or (c) of this chapter shall be guilty of a Class A Misdemeanor.
(e) Any information gathered by a UAV, and any information
gathered as a result of the use of a UAV, whether by said law
enforcement agents, or otherwise, is declared inadmissible in any civil
or criminal court of law in the State of [STATE].
(f) As used in this section, “Unmanned Aerial Vehicles” and “UAVs” are any aircraft without a human pilot on board.
(g) As used in this section, “law enforcement agent of the
United States” is any officer, employee or agent of the United States,
or any officer employee or agent of a branch, department or agency of
the United States, or any person or entity acting under contract with
the United States or any branch, department or agency thereof, for the
purpose of law enforcement or criminal justice.
(h) As used in this section, “law enforcement agent of the
State of [STATE]” is any officer, employee or agent of the State of
[STATE], or any officer employee or agent of a branch, department or
agency of the State of [STATE], or any person or entity acting under
contract with the State of [STATE] or any branch, department or agency
thereof, for the purpose of law enforcement or criminal justice.
(i) This section shall be construed broadly to effect the
legislative intent of banning the use of UAVs by law enforcement, and
any information obtained as a result of the use of UAVs by law
enforcement, within the State of [STATE].
(j) Severability: If any provision, portion or subdivision
of this Act is or becomes illegal, such illegality shall not affect the
remainder of this Act.
SECTION 2: This act takes effect immediately upon approval by the Governor.**Legislation drafted by Blake Filippi
Blake Filippi [send him email] is a Legal Analyst for the Tenth Amendment Center. He is also the director of the Rhode Island Liberty Coalition, a constitutional attorney and the initial author of resolutions opposing NDAA detention provisions being introduced around the country. Visit RI Liberty online at www.riliberty.com.
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