Police Drones & the 4th Amendment Part 10: Predicting the Future

Logo 600 x 600Welcome back, Drone Law Nation! Today we are back with the tenth and final part of our series on the Constitutional issues raised when police use drones.

Today we’re talking about the future. Through the lens of legal scholars who have written about these issues, we will take a look at what future cases might look like.

Thanks for coming along for the ride. Listen in for more about what the future might be.

Links for you:

Police Drones Part 1

Police Drones Part 2

Police Drones Part 3

Police Drones Part 4

Police Drones Part 5

Police Drones Part 6

Police Drones Part 7

Police Drones Part 8

Police Drones Part 9

U.S. Constitution: Amendment 4

Villasenor: Observations from Above

Farber: Eyes in the Sky

Ohm: Fourth Amendment in a World Without Privacy

Kerr: Equilibrium Adjustment Theory

 

Listen in iTunes

Listen in Stitcher

Listen on YouTube

Listen in your browser

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

Learn more about our law firm, Ausley McMullen, at www.ausley.com.

Keep on flying,

Steve

Police Drones & the 4th Amendment, Part 9: State v. Davis

Logo 600 x 600Welcome back, Drone Law Nation! Today we are back with Part 9 of our series on the Constitutional issues raised when police use drones.

Today we’re talking about State v. Davis, a case from the Supreme Court of New Mexico addressing aerial surveillance under the Fourth Amendment and state law. This case gets into the “nitty gritty” of how to examine helicopter surveillance under federal precedent, and how to “distinguish” your case from precedent that you want to “get away” from. This case came from helicopter surveillance that led to a marijuana seizure – just like Riley. But the New Mexico Supreme Court went a different direction. And it mentioned how it might address drones in a different case.

Listen in for more about what the future might be.

Links for you:

Police Drones Part 1

Police Drones Part 2

Police Drones Part 3

Police Drones Part 4

Police Drones Part 5

Police Drones Part 6

Police Drones Part 7

Police Drones Part 8

State v. Davis

U.S. Constitution: Amendment 4

Emil Kiehne’s Blog on State v. Davis

 

Listen in iTunes

Listen in Stitcher

Listen on YouTube

Listen in your browser

 

Follow @DroneLawToday on Twitter!

What questions do you have about Drone Law? Click here to let us know!

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

Download your FREE copy of “The Drone Revolution: How Robotic Aviation Will Change the World,” right here: CLICK FOR BOOK!

Learn more about our law firm, Ausley McMullen, at www.ausley.com.

Keep on flying,

Steve

Police Drones & the 4th Amendment, Part 8: Kyllo v. U.S.

cropped-logo-2048px.jpgWelcome back, Drone Law Nation! Today we are back with Part 8 of our series on the Constitutional issues raised when police use drones.

Today we’re talking about Kyllo v. U.S., the U.S. Supreme Court case that tells us when “new technology” may infringe on our Fourth Amendment rights. The “new tech” angle is critical here – the first court that considers police searches with a drone under the Fourth Amendment will have to read Kyllo together with Ciraolo, Dow Chemical, and Florida v. Riley to come up with its answer. This means that you should understand these cases, Drone Law Nation, as it could be your product (or client) that makes the law.

Listen in for more about what the future might be.

Links for you:

Police Drones Part 1

Police Drones Part 2

Police Drones Part 3

Police Drones Part 4

Police Drones Part 5

Police Drones Part 6

Police Drones Part 7

Kyllo v. U.S.

U.S. Constitution: Amendment 4

 

Listen in iTunes

Listen in Stitcher

 

Listen on YouTube

Listen in your browser

 

Follow @DroneLawToday on Twitter!

What questions do you have about Drone Law? Click here to let us know!

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

Download your FREE copy of “The Drone Revolution: How Robotic Aviation Will Change the World,” right here: CLICK FOR BOOK!

Learn more about our law firm, Ausley McMullen, at www.ausley.com.

Keep on flying,

Steve

Police Drones & the 4th Amendment – Part 7: Florida v. Riley

Logo 600 x 600Welcome back, Drone Law Nation! Today we are back with Part 7 of our series on the Constitutional issues raised when police use drones.

Our talk today hits the third of our three “aerial surveillance” cases, Florida v. Riley. This case deals with naked-eye surveillance of marijuana plants inside a greenhouse through an open panel in the greenhouse roof. The surveillance took place from a helicopter hovering at 400 feet above the ground.

Was this a “search” that requires a warrant under the Fourth Amendment? The Florida Supreme Court said “yes,” but the U.S. Supreme Court said “no.” The reasons that the U.S. Supreme Court reached that conclusion may be important for future “police drone” cases.

Listen in for more about what the future might be.

Links for you:

Police Drones Part 1

Police Drones Part 2

Police Drones Part 3

Police Drones Part 4

Police Drones Part 5

Police Drones Part 6

Florida v. Riley

U.S. Constitution: Amendment 4

 

Listen in iTunes

Listen in Stitcher

Listen on YouTube

Listen in your browser

 

Follow @DroneLawToday on Twitter!

What questions do you have about Drone Law? Click here to let us know!

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

Download your FREE copy of “The Drone Revolution: How Robotic Aviation Will Change the World,” right here: CLICK FOR BOOK!

Learn more about our law firm, Ausley McMullen, at www.ausley.com.

Keep on flying,

Steve

Police Drones & the 4th Amendment – Part 6! Dow Chemical v. U.S.

Logo 600 x 600Welcome back, Drone Law Nation! Today we are back with Part 6 of our series on the Constitutional issues raised when police use drones.

Our talk today hits the second of our three “aerial surveillance” cases, Dow Chemical v. U.S. This case deals with aerial photographs of a 2,000 acre chemical plant by a contractor working for the U.S. Government. Is that a “search” under the Fourth Amendment that requires a warrant? If not, why not? How might drone technology & advanced sensors change the game in the future?

Listen in to find out!

Links for you:

Police Drones Part 1

Police Drones Part 2

Police Drones Part 3

Police Drones Part 4

Police Drones Part 5

Dow Chemical v. U.S.

U.S. Constitution: Amendment 4

 

Listen in iTunes!

Listen in Stitcher!

Listen in your browser!

 

Follow @DroneLawToday on Twitter!

 

What questions do you have about Drone Law? Click here to let us know!

 

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

 

Download your FREE copy of “The Drone Revolution: How Robotic Aviation Will Change the World,” right here: CLICK FOR BOOK!

 

Learn more about our law firm, Ausley McMullen, at www.ausley.com.

 

Keep on flying,

Steve

Police Drones & the 4th Amendment – Part 5!

Logo 600 x 600Welcome back, Drone Law Nation! Today we are back with Part 5 of our series on the Constitutional issues raised when police use drones.

Our talk today hits the first of our “aerial surveillance” cases, California v. Ciraolo. This case deals with naked-eye observation of the “curtilage” of a home (the backyard) from a fixed-wing aircraft. Is that a “search” under the Fourth Amendment that requires a warrant? If not, why not? How might drone technology change the game here?

Listen in to find out!

Links for you:

Police Drones Part 1

Police Drones Part 2

Police Drones Part 3

Police Drones Part 4

California v. Ciraolo

U.S. Constitution: Amendment 4

 

Listen in iTunes!

Listen in Stitcher!

Listen in your browser!

 

Follow @DroneLawToday on Twitter!

What questions do you have about Drone Law? Click here to let us know!

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

Download your FREE copy of “The Drone Revolution: How Robotic Aviation Will Change the World,” right here: CLICK FOR BOOK!

Check out the FREE Drone Law Course at www.dronelawtoday.com/course!

Keep on flying,

Steve

Police Drones & the 4th Amendment – Part 4!

Logo 600 x 600Welcome back, Drone Law Nation! Today we continue our special series on Drone Law Today: Drones and the Fourth Amendment!

This third episode looks at the case of Oliver v. U.S., a Supreme Court case from 1984. In this case, the Court addresses the “open fields doctrine.” This doctrine is an “exception” to the Fourth Amendment. Essentially, this means that if the police gather evidence in an “open field,” then no warrant is required.

This case builds on Part 1, Part 2, and Part 3 of our series. These episodes established the “trespass” and “reasonable expectation of privacy” concepts in Fourth Amendment law.

The “open fields” doctrine is another piece of this puzzle. This concept is both a “bridge” to the aerial surveillance cases as well as a stand-alone concept that will be important for future drone cases.

Understanding these cases will help you, Drone Law Nation, to protect yourself and your business by seeing how things may play out.

Listen in for Part 4!

Links for you:

Fourth Amendment to the U.S. Constitution

Oliver v. U.S., 466 U.S. 170 (1984)

Hester v. U.S., 265 U.S. 57 (1924)

Thomas Paine

Part 1 of our Series

Part 2 of our Series

Part 3 of our Series

 

Listen in iTunes!

Listen in Stitcher!

Listen in your browser!

Follow @DroneLawToday on Twitter!

What questions do you have about Drone Law? Click here to let us know!

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

Download your FREE copy of “The Drone Revolution: How Robotic Aviation Will Change the World,” right here: CLICK FOR BOOK!

Check out the FREE Drone Law Course at www.dronelawtoday.com/course!

Keep on flying,

Steve