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If Police in Connecticut Use Drones for Surveillance, Do They Need a Warrant?

Don McCullough
/
Flickr Creative Commons
No police departments currently use drones in Connecticut, but that could change.

Experts on remotely piloted aircraft, also known as drones, convened at the Connecticut state capitol this week to discuss requiring police to obtain a warrant before using a drone for surveillance. The state has no laws governing drone use, which means if law enforcement uses the technology, they don't need to get anyone else's approval.

Anthony Salvatore is Cromwell's police chief and legislative chair for the Connecticut Police Chiefs Association. He said no police departments are currently using drones in Connecticut, but, "if we have a hunch that some type of illegal activity is taking place, I can see where flying a drone could possibly address that," he said. "Where we don't have enough probable cause to get a search warrant for the property."

Credit Patrick Skahill / WNPR
This drone was flown over the Capitol as a demonstration to state legislators.

Salvatore said there would be exceptions. "If we had information that something illegal was taking place on the second floor of a residence or a building and we wanted to take the drone up and peer through a window, I think in that case, we -- in consultation with our state's attorneys -- may require a warrant," Salvatore said. "Because individuals may believe that they have an expectation of privacy." 

But this legal murkiness has raised concerns for the state American Civil Liberties Union, which fears police surveillance could snowball into some-kind of Orwellian overuse. "It is fair to estimate that it will probably be ten years before the Supreme Court of the United States weighs in on drones," said David McGuire, their staff attorney. "In that meantime, there's going to be a lot of confusion about the limits."

McGuire said it's important the legislature act now, requiring police officers get a warrant before using a drone for surveillance. "The concern is there will be indiscriminate use of drones and that it will dramatically change the feeling of our society and violate people's expectation of privacy," McGuire said.

A bill to regulate drone use was drafted during the last legislative session, but never got out of committee.

Watch CT-N's footage of the panel discussion and public hearing below:

Patrick Skahill is a reporter and digital editor at Connecticut Public. Prior to becoming a reporter, he was the founding producer of Connecticut Public Radio's The Colin McEnroe Show, which began in 2009. Patrick's reporting has appeared on NPR's Morning Edition, Here & Now, and All Things Considered. He has also reported for the Marketplace Morning Report. He can be reached at pskahill@ctpublic.org.

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