sUAS for Law Enforcement

DRONES!

This is NOT a small unmanned aircraft system...

What is a "Small Unmanned Aircraft Systems?"

• Remotely controlled airplanes, helicopters, and airships

• Less than 55 lbs gross weight

• Less than 100 mph (87 kts.) top speed

• Capable of downlinking data
• Still images
• Video
• FLIR
• IR
• Environmental sampling
• Etc.

Terms and Definitions

• UAS: Unmanned Aircraft System
• An all encompassing description, that encapsulates the aircraft (or UAV), the ground controller, and the system of communication connecting the two.

• sUAS: small Unmanned Aircraft System

• UAV: Unmanned Aerial Vehicle (Refers to the actual vehicle)
• Drone: Slang term for UAV

• RPV: Remotely Piloted Vehicle

Terms and Definitions Continued

• Certificate of Authorization or Waiver (COA): FAA issued document permitting government agency to operate sUAS.

• First Person View (FPV): Flying sUAS solely based upon video downlink image from aircraft.

• Visual Flight Rules (VFR): Operating an aircraft in visual conditions pusuant to airspace ceiling and visibility requirements. 3 sm visibility and 500' below clouds for sUAS

Terms and Definitions Continued

• Blanket COA: Expedited COA allowing nationwide daytime only operations below 400' AGL in Class-G airspace.

• Jurisdictional (area) COA: Specifies a specific geographic operating area. May allow night and controlled airspace operations.

• 14 CFR, Part 107: New section of federal aviation regulations addressing sUAS. (Aug 2016)

Use of Unmanned Systems in Law Enforcement

• Keeping Public Safety Officers Safe. Public safety officers do their jobs in incredibly dangerous environments. Unmanned systems can minimize the risks they face, while helping them to act faster and with the best information available. Unmanned systems are designed to do dangerous and difficult tasks while keeping the user out of harm's way.

"[unmanned Systems] are a tool that every law enforcement agency would like to have. Whether it's a last child, a lost Alzheimer's patient, a shooter from a window, law enforcement needsd to have the tools to get the job done."

- Eric Holdman,

Emergency Management Expert

Aiding Search and Rescue

Unmanned systems have the potential to survey large areas for a missing child, acres of land consumed by wild fires or vast expanses of water where a boat might be adrift.

Responding to Emergencies

Unmanned systems provide public safety officers a tool to safely respond to natural disasters and other emergencies.

• In may 2012, the Mesa County, CO Sheriff's office flew its UAS over a church that had caught fire. Images captured by a thermal camera attached to the UAS provided responders with information about remaining "hot spots", so firefighters could effeciently concentrate their efforts. Photographs taken of the fire also assisted arson investigators in determining the direction the fire had traveled through the building.
• The Grand Forks, ND Sheriff's Department used a UAS to gather real time images of flooding along the Red River
• Several law enforcement agencies have expressed interest in using UAS to respond to dangerous spills, such as when a tipped-over truck or derailed train spills hazardous material.

Active Shooter

A bird’s eye view can enable police to gain a quick understanding of the scope of what is going on in an active shooter situation.

The view from a drone can not only provide the location of the shooter, but also an understanding of the surrounding area, offering valuable information such as the direction the shooter might be headed, escape routes for victims and the shooter’s firing line.

UAVs are also great tools for active shooter situations because they can be deployed from almost anywhere and stored in the trunk of a cruiser.

They can also access areas traditional helicopters cannot. UAVs have an ability to fly lower to the ground, get into tight spots, hover under bridges and structures, and even fly inside buildings in order to help the experts gather as much detail as they can.

Crime and Accident Scenes

Crime and accident scene documentation requires a highly trained crew of forensic experts, including crime scene photographers, who meticulously capture detailed evidence from specific angles under precise conditions.

The exact crime scene must be documented for further investigation, even after the scene is cleaned up. It can take hours, sometimes days, for a photographer to fully document a scene with proper measurement references.

In the case of a traffic accident, this requires the roads to be closed while the work takes place — measuring skid marks, position of vehicles, and other details — all while holding up traffic.

Drones can reduce photographer time to well under an hour. Using a few simple ground measurements as reference points, the drone can fly over the accident to capture images, and the analyst can conduct the accident investigation on a computer rather than at the scene.

Surveillance

Stakeouts are a common police activity — involving hours of waiting and watching.

Drones allow police to see places and things that fixed cameras cannot. Although drones cannot hover endlessly, they can land or “perch.”

Rotors can be powered off while keeping the camera on — pointed and zoomed at the action — from concealed locations where humans cannot reach.

Additionally, there are a myriad of places, like the middle of a field, where there is no vantage point to conduct standard surveillance without being seen. In these cases, a high-flying drone offers the best opportunity to get a solid view of the scene.

Crowd Monitoring

Monitoring large events like concerts, parades and sporting events is extremely expensive and requires a great deal of manpower.

All available agents are deployed to monitor various routes and areas where there are security concerns. This strategy leaves many agents covering one single area, watching “nothing” happen.

Augmenting ground teams with drones gives police departments a wider field of surveillance over a large area. Drones can zoom to areas of interest, giving agents the ability to remotely assess a threat, such as a suspicious package.

This type of immediate, crowd-based monitoring can provide police with the vital information needed to make the critical decision to send ground personnel to a location only when it’s necessary to do so.

Bomb Inspection

Today, bomb disposal enforcement units use ground-based robots to investigate suspicious packages. Aerial drones can serve the same purpose.

While drones can’t touch and manipulate bombs, they can provide an initial assessment of the situation and rule out threats before resources are wasted or lives are lost.

This means getting data to decision-makers who can monitor the situation.

Draganflyer X4ES

Specifications:

• Weight: 5.5 lbs
• Max speed: 30 mph
• Range: 1 mile
• Operating altitudes: 100-500' AGL
• Length: 36"
• Width: 36"
• Height: 10"

Operational Details:

• 4 rotor helicopter
• Endurance: 20 minutes
• Payloads: still, video, IR, low light (LUX) cameras
• Cost: Approx. $25,000 (LE system including A/C, base station and camera)

Aerovironment Raven

Specifications:

• Weight: 4.2 lbs
• Max speed: 50 mph
• Range: 4.4 mile
• Operating altitudes: 100-500' AGL
• Length: 3'
• Wingspan: 4.5'

Operational Details:

• Hand launched
• Endurance: 60-90 minutes (rechargeable battery); 80-110 minutes (single use batery)
• Payloads: still, video: HD & IR, HAZMAT "sniffer" pod
• Cost: Approx. $175,000 (system including 3 aircraft and control station)

Aerovironment Qube

Specifications:

• Weight: 5.5 lbs
• Max speed: 30 mph
• Range: 0.6 miles
• Operating altitudes: 100-500' AGL
• Length: 3'

Operational Details:

• Auto takeoff and touchscreen camera aiming
• Endurance: 40 minutes
• Payloads: still, video, HD, IR, low light (LUX) cameras
• Cost: Approx. $50,000 (system including 1 aircraft and ground control station)

Save Money

Unmanned systems allow agencies to accomplish search and rescue, disaster preparedness, law enforcement, fire prevention and other critical services more efficiently, saving time, taxpayer dollars and lives in the process.

• The purchase price of a UAS is also significantly less than a manned aircraft. A small UAS can cost < $1,000 to $200,000 where the price of a police helicopter is between $500,000 to $3 million.

Mesa County, CO spent nearly $10,000 on a manned aerial survey of a landfill to determine the increase in waste over the previous year. The Mesa County Sheriff's Office was able to complete the same survey with a UAS for a mere $200.

How can you legally fly a sUAS?

Recreational use

• No COA required
• The recreational use of sUAS is the operation of an unmanned aircraft for personal interests and enjoyment. For example, using a sUAS to take photographs for your own personal use would be considered recreational; using the same device to take photographs or videos for compensation or sale to another individual would be considered a commercial operation.

How can you legally fly a sUAS?

Business or Commercial use

• Must exercise Part 107 (or 333 exemption)
• Such as: Professional real estate or wedding photography

• Must be at least 16 years of age
• Must hold a remote pilot airman certificate with a small UAS rating or be under the direct supervision of someone holding a remote pilot airman certificate
• Must pass the applicable Transportation Security Administration (TSA) vetting
• UAS requirements:
• Must weigh less than 55 lbs.
• Must undergo pre-flight check by remote pilot in command (a.k.a. you or the person supervising the operation)
• Location requirements (click here for more details on these airspace classes):
• Operations in Class B, C, D and E airspace are allowed with the required Air Traffic Controller (ATC) permission
• Operations in Class G airspace are allowed without ATC permission

How can you legally fly a sUAS?

Government use

• COA required or exercise Part 107
• Such ad federal and state government agencies, law enforcement agencies and public colleges and universities – can receive a COA for public UAS aircraft operations.
• Public aircraft operations must be conducted for a governmental function.
• May apply for a blanket public Certificate of Authorization (COA) which allows flights at or below 400 feet in Class G airspace nationwide, self-certification of the UAS pilot and the ability to obtain emergency COAs under special circumstances.

14 CFR Part 107

Small Unmanned Aircraft Rule

Commonly reffered to as "Part 107"

• Minimum weather visibility of 3 miles from control station.

• Operations in Class B, C, D and E airspace are allowed with

the required ATC permission.

• Operations in Class G airspace are allowed without ATC

permission.

• No person may act as a remote pilot in command or VO for

more than one unmanned aircraft operation at one time.

• No operations from a moving aircraft.

• No operations from a moving vehicle unless the operation is

over a sparsely populated area.

• No careless or reckless operations.

• No carriage of hazardous materials.

• Requires preflight inspection by the remote pilot in

command.

• A person may not operate a small unmanned aircraft if he or

she knows or has reason to know of any physical or mental

condition that would interfere with the safe operation of a

small UAS.

• Foreign-registered small unmanned aircraft are allowed to

operate under part 107 if they satisfy the requirements of

part 375.

• External load operations are allowed if the object being

carried by the unmanned aircraft is securely attached and

does not adversely affect the flight characteristics or

controllability of the aircraft.

• Transportation of property for compensation or hire allowed

provided thato

The aircraft, including its attached systems, payload and

cargo weigh less than 55 pounds total;

o The flight is conducted within visual line of sight and not

from a moving vehicle or aircraft; and

o The flight occurs wholly within the bounds of a State and

does not involve transport between (1) Hawaii and

another place in Hawaii through airspace outside

Hawaii; (2) the District of Columbia and another place

in the District of Columbia; or (3) a territory or

possession of the United States and another place in

the same territory or possession.

• Most of the restrictions discussed above are waivable if the

applicant demonstrates that his or her operation can safely

be conducted under the terms of a certificate of waiver.

Operational Limitations:

• Unmanned aircraft must weigh less than 55 lbs. (25 kg).

• Visual line-of-sight (VLOS) only; the unmanned aircraft must

remain within VLOS of the remote pilot in command and the

person manipulating the flight controls of the small UAS.

Alternatively, the unmanned aircraft must remain within

VLOS of the visual observer.

• At all times the small unmanned aircraft must remain close

enough to the remote pilot in command and the person

manipulating the flight controls of the small UAS for those

people to be capable of seeing the aircraft with vision

unaided by any device other than corrective lenses.

• Small unmanned aircraft may not operate over any persons

not directly participating in the operation, not under a

covered structure, and not inside a covered stationary

vehicle.

• Daylight-only operations, or civil twilight (30 minutes before

official sunrise to 30 minutes after official sunset, local time)

with appropriate anti-collision lighting.

• Must yield right of way to other aircraft.

• May use visual observer (VO) but not required.

• First-person view camera cannot satisfy “see-and-avoid”

requirement but can be used as long as requirement is

satisfied in other ways.

• Maximum groundspeed of 100 mph (87 knots).

• Maximum altitude of 400 feet above ground level (AGL) or, if

higher than 400 feet AGL, remain within 400 feet of a

structure.

NDCC 29-29.4 SURVEILLANCE BY UNMANNED AERIAL VEHICLE

29-29.4-02. Limitations on use of unmanned aerial vehicle system.

1. Information obtained from an unmanned aerial vehicle is not admissible in a prosecution or proceeding within the state unless the information was obtained:

a. Pursuant to the authority of a search warrant; or

b. In accordance with exceptions to the warrant requirement.

2. Information obtained from the operation of an unmanned aerial vehicle may not be used in an affidavit of probable cause in an effort to obtain a search warrant, unless the information was obtained under the circumstances described in subdivision a or b

of subsection 1 or was obtained through the monitoring of public lands or international borders.

29-29.4-01. Definitions.

As used in this chapter:

1. "Flight data" means imaging or other observation recording.

2. "Flight information" means flight duration, flight path, and mission objective.

3. "Law enforcement agency or agents" has the meaning provided for law enforcement officer in section 12.1-01-04.

4. "Unmanned aerial vehicle" means any aerial vehicle that is operated without the possibility of direct human intervention within or on the aerial vehicle. The term does not include satellites.

5. "Unmanned aerial vehicle system" means an unmanned aerial vehicle and associated elements, including communication links and the components that control the unmanned aerial vehicle, which are required for the pilot in command to operate safely and efficiently in state airspace.

NDCC 29-29.4 SURVEILLANCE BY UNMANNED AERIAL VEHICLE

29-29.4-03. Warrant requirements.

A warrant for the use of an unmanned aerial vehicle must satisfy the requirements of the Constitution of North Dakota. In addition, the warrant must contain a data collection statement that includes:

1. The persons that will have the power to authorize the use of the unmanned aerial vehicle;

2. The locations in which the unmanned aerial vehicle system will operate;

3. The maximum period for which the unmanned aerial vehicle system will operate in each flight; and

4. Whether the unmanned aerial vehicle system will collect information or data about individuals or groups of individuals, and if so:

a. The circumstances under which the unmanned aerial vehicle system will be used; and

b. The specific kinds of information or data the unmanned aerial vehicle system will collect about individuals and how that information or data, as well as conclusions drawn from that information or data, will be used, disclosed, and otherwise handled, including:

(1) The period for which the information or data will be retained; and

(2) Whether the information or data will be destroyed, and if so, when and how the information or data will be destroyed.

29-29.4-04. Exceptions.

This chapter does not prohibit any use of an unmanned aerial vehicle for surveillance during the course of:

1. Patrol of national borders. The use of an unmanned aerial vehicle to patrol within twenty-five miles [40.23 kilometers] of a national border, for purposes of policing that Page No. 1 border to prevent or deter the illegal entry of any individual, illegal substance, or contraband.

2. Exigent circumstances. The use of an unmanned aerial vehicle by a law enforcement agency is permitted when exigent circumstances exist. For the purposes of this subsection, exigent circumstances exist when a law enforcement agency possesses reasonable suspicion that absent swift preventative action, there is an imminent danger to life or bodily harm.

3. An environmental or weather-related catastrophe. The use of an unmanned aerial vehicle by state or local authorities to preserve public safety, protect property, survey environmental damage to determine if a state of emergency should be declared, or conduct surveillance for the assessment and evaluation of environmental or weather-related damage, erosion, flood, or contamination.

4. Research, education, training, testing, or development efforts undertaken by or in conjunction with a school or institution of higher education within the state and its political subdivisions, nor to public and private collaborators engaged in mutually supported efforts involving research, education, training, testing, or development related to unmanned aerial vehicle systems or unmanned aerial vehicle system technologies and potential applications.

NDCC 29-29.4 SURVEILLANCE BY UNMANNED AERIAL VEHICLE

29-29.4-05. Prohibited use.

1. A law enforcement agency may not authorize the use of, including granting a permit to use, an unmanned aerial vehicle armed with any lethal weapons.

2. This chapter prohibits any use of an unmanned aerial vehicle for:

a. Domestic use in private surveillance. A law enforcement agency may not authorize the use of, including granting a permit to use, an unmanned aerial vehicle to permit any private person to conduct surveillance on any other private person without the express, informed consent of that other person or the owner of any real property on which that other private person is present.

b. Surveillance of the lawful exercise of constitutional rights, unless the surveillance is otherwise allowed under this chapter.

29-29.4-06. Documentation of unmanned aerial vehicle use.

1. The person authorized to conduct the surveillance under this chapter shall document all use of an unmanned aerial vehicle for surveillance. The person shall document all surveillance flights as to duration, flight path, and mission objectives.

2. The flight information must be verified as accurate and complete by the supervising person authorized by a court to conduct the surveillance.

3. The flight information required under this section must be retained for five years.

4. Any imaging or any other forms of data lawfully obtained under this chapter which are not accompanied by a reasonable and articulable suspicion that the images or data contain evidence of a crime, or are relevant to an ongoing investigation or trial, may not be retained for more than ninety days.

5. Except for the operational capabilities of the unmanned aerial vehicle system and other operational information strictly related to the technical conduct and physical security of the surveillance operation, a person accused of a crime that includes evidence gathered through the use of an unmanned aerial vehicle system surveillance may obtain all information relating to the person acquired in the course of the surveillance through subpoena and discovery proceedings available in criminal proceedings.

6. Any other person that has an interest in obtaining the documentation required by this section may obtain that documentation pursuant to chapter 44-04.

Questions?