For the past few years, drones have been helping law enforcement officers survey accident scenes and locate missing or wanted people. This information helps officers arrive on the scene when time might be of the essence, such as catching a suspect before he or she can get away or pulling over a dangerous drunk driver before anyone gets hurt. While it’s easier and more affordable to use drones than helicopters, some citizens are a bit more apprehensive and fear that their privacy will be invaded.

A drone could be on a mission to investigate the cause of a traffic accident for example, and gather photographic evidence that a home in the neighborhood has a backyard with flourishing marijuana plants. This evidence can then be used against the residents. According to Gary Daniels, chief lobbyist for the American Civil Liberties Union of Ohio, you cannot expect privacy when you’re not physically inside of your home, the place where you are protected under current Fourth Amendment privacy case law. Of course, when the Amendments were drafted, eyes were only on the ground and not in the sky.

Chief Deputy Mike Eberle of the Auglaize County Sheriff’s Office assures citizens that even if police obtain photographic evidence of a possible crime, they still must get all warrants and documentation required to investigate. Returning back to the example of the house with marijuana growing in the yard, law enforcement must still have a warrant to conduct any kind of search. Eberle also makes it known that the drones are not flown to spy on people. They have a specific mission when they are sent up; they are not flown to find new crimes.

Capt. Chad Lindsey of the Beavercreek Police Department also lets people know that law enforcement must comply with regulations on drone use set by the American Civil Liberties Union. If the footage does not add value or evidence to an investigation, it gets deleted.

The area of laws and regulations for drone-use of officers is still such a shade of gray, with different departments in different regions drafting their own guidelines. While it is great that they want citizens feeling safe and comfortable with their use of drones, the goal is to have the regulations be uniform everywhere. Lawmakers understand both citizens’ and law enforcement officers dilemmas. They are trying their best to find the delicate point of balance between helping citizens feel like their privacy is being respected while at the same time not impeding officers’ very important work. Senator Michael Skindell and Senator Kris Jordan are co-sponsoring Senate Bill 60, which will do just this.

The law might actually allow officers to expand upon their use of the helpful drones, especially in emergency situations or rural areas. The eyes in the sky that some citizens fear might ironically become the thing that helps officers “protect and serve” them.

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