i agree with you 100% but obviously you will get a lot of pushback from ordinary people and the general flying public who feel the need to cooperate; ultimately it's their choice. do what you feel most comfortable with doing. i see you noted your state in the profile and you've mentioned a couple of time with leo, may i ask a bit more about it such as which leo departments?
also if you don't mind addressing these details for those who don't know much about the law, what happens when the police shift their focus away from the faa and start talking about privacy, disorderly conduct, trespassing, and perhaps some of the local ordinances that prohibit rc flying?
Most people believe theyre good citizens. They want to be good citizens. Good citizens comply. They say yes. Theyre so focused on being good that they never stop to question whether a law is right or wrong. Theyre only worried about not breaking it. Because good citizens obey. If youre a good citizen your basically a lap dog. It takes a moster to say no.
Secondly, I do not give out formal legal advice and nothing I say should be taken as such. I am offering my opinions about the law as I understand it based off of my education and lifes experiences. Nothing I say should be interpreted as official legal counsel and I urge anyone considering in engaging in any activity which may be unlawful to consult with a lawyer in your state before doing so. Now, that being said....
I dont normally disclose information about the officers I encounter nor the police departments they represent. I do record my engagements but do not normally share these recordings as any one of them at any time could become the subject of an active investigation or ongoing civil litigation. Im not one of those obnoxious youtube personalities chasing the dollars either through advertisement or a lawsuit. I have no interest whatsoever in embarrassing police or their department in any way and dedicate little time into educating the public. Generally speaking, the public doesnt want to learn. Most of them seem much more interested in telling me all the things Im doing wrong and how much they wish I would be arrested. I cant help a mind like that.
I focus primarily on educating the officers and helping them build a better understanding of the constitutional rights theyre sworn to uphold. If I can teach one cop just one thing he didnt know about the Constitution, then how many citizens lives will I ultimately impact throughout that officers career? And my true passion is for the law and its interpretation. I have more respect for the law than most would ever think I do judging solely off of my actions. But I love the law. I love its nuances , its subtleties, all the things that are good about it and even the things that are bad about it. Its out of this passion that I seek to help others understand its intent, meaning, and its application. Embarrassing and shaming cops does not help me in any way establish a rapport with officers or their departments. How can I make them understand my case if I act in a way which undermines my integrity at the expense of their honor? So its out of respect that I afford them discretion.
As for the last of your question, First off, there are no privacy laws in this country. HIPA is the only privacly law we have on the books and even it is extremely narrow in its scope; Your medical privacy is only guaranteed between you and your doctor and your employer. You do not have a right to medical privacy as far as, for example, what data facebook collects about you and shares with whoever. There is absolutely no right to privacy in America. None. In fact, our society and legal system is broadly structured so as to best serve the publics best interests. Most positions and interests will align for public safety, or public trust, or publin interest, or public transparency. Privacy is a dirty word in our legal system. And Law Enforcement is more responsible for the decimation of the publics entitlement to privacy. So if a cop ever dares start talking to me about privacy? I laugh in their face.
Disorderly Conduct is a tricky one. Its different from municipality to municipalitn most times. Is often very vague in its definition and open to interpretation. My epperience on how to grapple whit this issue is to always remember to handle yourseln such a way which will del;egitimize any claim that you were einb so. Dont yell, dont scream, dont be obnoxious and dont resist. If a cop wants to arrest you, then your going to get arrested. Noting you can say will stop that from happening. You cant do anything to improve your situation but you can do alot of things that will make it worse. Handle yourself professionally and reasonably. Remain calm and if you get jammed up, remember 2 things: 1) You signed on for this. No occupation is without hazards. And 2) to keep faith in your rightenousness and in the courts to get it right when you get your opportuity to present your case.
Tresspassing is simple. You cannot be tresspassed from public property. Stay off of private property.
And as far as local ordinances against flight? No municipality, city, county, or state has the authority or the jurisdiction to regulate flight of any kind by any craft within US Airspace. The FAA has been chartered as the SOLE authority of airspace in America. And they take that very seriously and have taken direct action against cities and counties which insisted on passing ordinances or laws which atempted to regulate flight of any kind. That being said, the FAA has acknowledged that their authority does not engage until the landing gear leaves the ground. Municipalities do retain the right to regulate the takeoff, and the landing of UAVs and the use of remote control devices in their jurisdiction.
These can get very tricky to navigate. The hardest part of it is that your already dealing with a hostile adversary. If theyve taken the effore to craft and pass these ordinances its almost guaranteed that they were not done so with any measure of objectivity. You will likely meet up against city officials and officers that have zero interest in entertaining any arguement on the matter. They do not like drones and will want to make an example out of every chance they get. This isnt to say that these cases cant be won but unless there is some overarching issue of constitutionality at stake, how much you stand to gain compared to the level of ******** you may have to endure to get has to be a part of the calculus. Unless youve got a slam dunk case of an over reach and abuse of power, I would advise that people take the time to be aware of any and all local ordinances in regards to drones and then plan yiour acditities accordingly to avoid becoming into conflict with them. Its just not worth it.
But despite my advice to prioritize limiting exposure to Local orders, I adamantly and without any reserve still assert that you absolutely do have the right to fly in public airspace, you aboolutely hae a right to do so in public spaces, You have the right to take photos or record anything that your eyes can see from public. Being suspiciojus is not against the law. And just because someone holds a badge doesnt mean their power is absolute. Any time, regardless of circumstnces, If you feel like your rights are being violated then your probably right and you shoud ablsolutely defend fiercely all of your constitutional rights. Regardless of what risk it may bring. Do not ever give them an inch which they did not deserve.
