Re: Drones, privacy and private property
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: kortik</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Bowman</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Broker</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: kortik</div><div class="ubbcode-body">if one of them is hanging there in the air a few feet above my house or various ground based appliances, like gas tanks, power generators, etc... and I do not have any prior warning, agreement with the owner of this flying object or this flying object has no clearly visible identification which would legally entitled this thing to be there, as far as I'm concerned at this moment, it is an intruder and I should have right to deal with it per my discreation - either let it go or take it out.
Logically, air space above property, up to the certain limit, must be considered a part of the property, because property can not, logically, be physically used by the owner of the property w/o air. The question then becomes the matter of determining what is the limit and how to establish it.</div></div>
You are correct and you can legally take it out provided it's within the borders of your property and in doing so your actions won't possibly harm anything outside of your property. I'd have to do some heavy research but I'm fairly certain it's already been ruled upon with the courts. Even if it was a Government vessel you still have your property rights protected by the constitution and any attempt to search your property without a presented warrant would be a clear violation of those rights. As for how far up in the air they have to be before it falls within the governments jurisdiction you would need to research it as I don't know exactly. </div></div>
I'm not so sure that is accurate. I would hesitate to "take out" anything. The general rule of thumb is 500 feet (or 150 meters) AGL, from people, and/or man made structures unless the aircraft is taking off or landing (in which case it can be closer than 500 feet!)
I know that UAVs arrived much later than existing statute pertaining to manned aircraft so I'm sure that further definition is overdue.
Also, the constitution does not protect the airspace above your property (I'm guessing you are referring to the 4th amendment). An aircraft can fly or hover over your property just as a car can park in front of it.
Taking violent action in the name of the Constitution would prove folly. You're best served attempting to identify the aircraft and then making a formal inquiry.
By the way, I'm just trying to give you good info to keep you, your family and your finances out of government reach.
Just my 2 cents and worth every penny you paid for it. </div></div>
I do not believe that <span style="font-weight: bold">small unmanned drones, which are the subject of this thread,</span> and which would be naturally bought, say, in toy stores or online, can be possibly qualified as conventional aircraft, subject to various government requlations. Otherwise, these little things should not likely be used by the owners w/o first obtaining, say, designated pilot licenses. These types of drones are likely should be regarded as model aircraft. </div></div>
Fair enough. I understand the point of the thread...but was attempting to apply legal airspace to this scenario.
So, if somebody were flying a model aircraft over your property, what constitutes the trespass or invasion of privacy, or danger? You kinda need to articulate this in advance, so when you're standing there with a smoking shotgun, you already have the answer.
Also, just imagine if this "UAV" was government owned. Do you think they'd just chalk it up to a loss and go grab some beers while a new one gets built? No....you'd be buying them a new one on top of whatever they decided to charge you with criminally.
Again, I'm not arguing with you...I'm just playing the devils advocate to give you different perspective to consider.
But hell, if you decide to blow that thing out of the sky, post a vid LOL!