Warrantless Use of Drones

WRAL recently reported that “the Johnston County Sheriff’s Office . . . flew a drone over [private] property . . . to locate [stolen construction] equipment.” According to the story, the overflight may have been conducted without a warrant as “[t]here was no . . . warrant on file at the Johnston County Courthouse.” Can they do that?

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Update on Drones

I wrote about law enforcement use of drones here, and a little bit here. It is now easier than before for law enforcement agencies to acquire drones, and some agencies have done so. But courts have yet to engage with the Fourth Amendment issues that some uses of drones may present. This post provides an update on where things stand with law enforcement use of drones.

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Persistent Aerial Surveillance and the Fourth Amendment

The police can fly a plane over your house and look down to see whether you are growing marijuana in your backyard. California v. Ciraolo, 476 U.S. 207 (1986). But can the police fly a plane over everyone’s house, all the time, and record everything visible from the sky? This isn’t a law school hypothetical.

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