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Drone law: what is "felony unlawful surveillance"?
Posted on 7/16/14 at 6:02 pm
Posted on 7/16/14 at 6:02 pm
quote:
An upstate New York man was arrested last night for flying a drone outside the examination room windows of a medical facility where patients were being treated, police report.
David Beesmer, 49, was charged with a felony unlawful surveillance count for piloting the drone about 10 to 15 feet from the facility
quote:
Beesmer, a drone enthusiast, described the filming as a “huge error in judgement.” He stated that he had taken his mother to a doctor’s appointment in the new building and later “took my drone up in the air to capture some very brief footage” of the facility. Beesmer said that the drone’s camera did not record anyone inside the building due to its tinted windows.
LINK
but even if it had, does someone with an open window have a "reasonable expectation of privacy"?
7
Posted on 7/16/14 at 6:04 pm to Iona Fan Man
quote:
but even if it had, does someone with an open window have a "reasonable expectation of privacy"?
im no lawyer (Thankfully) but i would say YES to your question.
Because they are "Inside of a structure" .......window open or not
Posted on 7/16/14 at 6:06 pm to Iona Fan Man
I'm not 100% sure but I'd assume it's illegal to videotape someone without their consent on private property. I know it's illegal to record audio without consent.
I know you can video w/o consent in public places but using a drone to look through windows is like Peeping Tom shite.
I know you can video w/o consent in public places but using a drone to look through windows is like Peeping Tom shite.
Posted on 7/16/14 at 6:07 pm to Iona Fan Man
quote:
does someone with an open window have a "reasonable expectation of privacy"?
in front of some random open window, possibly...at a medical facility, absolutely.
Posted on 7/16/14 at 6:09 pm to Corkfather
quote:
I'm not 100% sure but I'd assume it's illegal to videotape someone without their consent on private property
google earth does this 24/7
Posted on 7/16/14 at 6:11 pm to NoHoTiger
I'd think you'd have an even greater expectation of privacy on an upper floor. If you're on the first floor and leave your window open, that's one thing; drones looking through 2nd & 3rd story windows is something else entirely.
Posted on 7/16/14 at 6:12 pm to 777Tiger
quote:
google earth does this 24/7
I dont recall seeing anyone in their backyard. I have seen folks in their front yard.
Posted on 7/16/14 at 6:14 pm to 777Tiger
quote:
google earth does this 24/7
Not sure if it makes a difference but that's still photos, not video.
Are you saying that you could see someone in their backyard on Google Earth?
Posted on 7/16/14 at 6:15 pm to MoreOrLes
quote:
I dont recall seeing anyone in their backyard. I have seen folks in their front yard.
isn't it still private property?
Posted on 7/16/14 at 6:16 pm to NoHoTiger
so why hasn't google street view been charged?
Posted on 7/16/14 at 6:18 pm to Iona Fan Man
Knowing this administration, pretty soon any "drone" type - as in those helo things, etc - will be considered unlawful.
Posted on 7/16/14 at 6:19 pm to Corkfather
Google Streetview, yes. They are starting to have complete footage on the inside of particular retail locations, etc. Obviously with consent from the companies.
Posted on 7/16/14 at 6:20 pm to 777Tiger
You have no expectation of privacy in your front yard unless you have a fence. Also, sidewalks and the area of grass in between the sidewalk and street is public.
Posted on 7/16/14 at 6:21 pm to ChadJones4Heisman
quote:
Google Streetview, yes. They are starting to have complete footage on the inside of particular retail locations, etc. Obviously with consent from the companies.
A retail location doesn't have an expectation of privacy.
I think the deal with Google Streetview is that it's legal because anyone driving by in a vehicle could see the same thing. I'd think a drone would be different because it's flying up to your level as opposed to being something that can easily be seen from street level.
This whole new consumer drone trend is going to lead to a lot of court cases and precedents.
This post was edited on 7/16/14 at 6:24 pm
Posted on 7/16/14 at 6:24 pm to Corkfather
Look at the picture KashOnly just posted. How is that legal, because the camera is on the ground?
Posted on 7/16/14 at 6:24 pm to Iona Fan Man
quote:
so why hasn't google street view been charged?
i have no idea...is that a medical facility?
Posted on 7/16/14 at 6:25 pm to LSUtoOmaha
I'd say yes. It's legal because any passerby can easily see from that vantage point, you don't have an expectation of privacy unless your blinds are closed.
Also, in the case in the OP, the drone was videoing a room where patients were being treated and the room couldn't be seen from public property without the drone. With all the medical privacy, HIPAA-type laws, you'd have a greater expectation of privacy.
Also, in the case in the OP, the drone was videoing a room where patients were being treated and the room couldn't be seen from public property without the drone. With all the medical privacy, HIPAA-type laws, you'd have a greater expectation of privacy.
This post was edited on 7/16/14 at 6:30 pm
Posted on 7/16/14 at 6:34 pm to Corkfather
In a public place, no it's not a crime because you have no expectation of privacy.
Indoors though, yeah it should be an issue. It's no ok for someone to fly a drone up a few stories and film inside a window
Indoors though, yeah it should be an issue. It's no ok for someone to fly a drone up a few stories and film inside a window
Posted on 7/16/14 at 6:38 pm to Fat and Happy
Here's a good article from the ACLU. It answers most of the questions posed here.
I'd quote individual points but I'm on my phone.
I'd quote individual points but I'm on my phone.
Posted on 7/16/14 at 6:45 pm to Fat and Happy
Privacy was not reached due to tinted window. So what was tbe illegal act?
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