Police Use of Drones & the Fourth Amendment, Part 1

Logo 600 x 600Police Use of Drones & the Fourth Amendment!

Welcome back, Drone Law Nation! Today we start a special series on Drone Law Today: Drones and the Fourth Amendment!

Police use of drone technology will be an important legal issue going forward. To understand how it may play out – and the constitutional issues involved – we have to look at the case law that has come before.

For generations, the U.S. Supreme Court has been grappling with questions about how police use of new technology fits within the constitutional limits on police “search and seizure” authority. The way these cases have been decided will impact future cases involving police use of drones.

How will the courts look at drone “searches” under the Fourth Amendment? Will warrants be required? How does new “drone tech” fit within the existing aerial surveillance case law?

The answer is it depends! No one really knows how the first “drone search” case will turn out.

But we can understand how the courts will make those decisions if we look at the cases that have gone before.

This episode will start a multi-part series where we examine these questions, step by step, to really understand how the “drone cases” may turn out. We start this week with the Olmstead case, where the court addressed whether a telephone wire tap was a “search” under the Fourth Amendment. What did the court hold? How does it impact what the law is today? Listen in to find out!

Links for you:

Fourth Amendment to the U.S. Constitution

Olmstead v. U.S., 277 U.S. 438 (1928)

 

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 Nothing in this podcast is legal advice! Please don’t make legal decisions for yourself or your business before consulting counsel of your choice.

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Keep on flying,

Steve

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