Rodney Brossart, American Arrested Using Predator Drone, Had Rights Violated, Lawyer Says

Discussion in 'Civil Rights & Privacy' started by Lisa Simeone, May 4, 2012.

  1. Lisa Simeone

    Lisa Simeone Original Member

    Huffington Post: Rodney Brossart, American Arrested Using Predator Drone, Had Rights Violated, Lawyer Says
     
  2. Mike

    Mike Founding Member Coach

    Not sure how this is a constitutional violation -- you have no right of privacy from simple observations from aircraft and satellites.

    I'm not exactly thrilled with DHS & local law enforcement running around with drones, but this seems a bad case on which to take or make a stand.
     
  3. Sunny Goth

    Sunny Goth Original Member Coach

    Drones are capable of so much more than just surveillance so it's not just 'simple observations' that are at issue. And drone use hasn't really been litigated yet, but I agree - this isn't the case to make a stand. It sounds like they already had a warrant and the drone was just incident to that.
     
  4. Mike

    Mike Founding Member Coach

    When the dust settle, I'll be really surprised if normal optical observations aren't permitted.

    Optical observations in conjunction with special sensors (e.g. infrared) might be prohibited lacking a warrant, but note that police aircraft & helicopters already are often equipped with FLIR (Forward Looking Infrared) cameras. Here in MN FLIR is most commonly used on the state patrol helicopters to find lost sportsman, but it can also come in handy searching for suspects hiding outdoors. That could very well have been the technology that was on the Predator used in North Dakota to see whee the suspects were on the ranch.

    Note, however, that if you aim it at houses without a warrant, you have a problem (Kyllo v. United States).
     
  5. Sunny Goth

    Sunny Goth Original Member Coach

    Right, Kyllo is the case.

    A few things --

    It's one thing to find lost sportsmen or to find suspects hiding outdoors (presumably not hiding on their own property). It's quite another to be engaging in that type of surveillance on someone's property without a warrant.

    Note that the drones we're talking about right now (at least what I'm assuming we're talking about) are big old things. They make noise, you're likely to know that they're there if you're paying attention. But, drones can get tiny - the size of bugs and birds - and that opens up whole new vistas of privacy invasions. We have simply not yet litigated anything like this.

    And drones can be weaponized. Is it okay to drop a bomb on someone's house as you're serving a warrant? The answer should be a resounding 'NO', but we've already seen swat teams burst into homes and killing kids and dogs, so I don't know if the answer is a resounding 'NO'.

    And we haven't even talked about smart dust.

    We have our work cut out for us.
     
    Lisa Simeone likes this.
  6. Lisa Simeone

    Lisa Simeone Original Member

    Remember the "MOVE" house in Philadelphia? The police dropped a bomb on them in 1985. Eleven people died, including 5 children. 60 other houses were also destroyed.
     
  7. Sunny Goth

    Sunny Goth Original Member Coach

    Wow, dimly.
     
  8. Frank

    Frank Original Member

    I'm a Philly boy. I was in the area when it happened.
     
  9. Mike

    Mike Founding Member Coach

    Well, they should have MOVE'd.

    If I can still find it, there was an innocent elderly couple (black, of course) torched in Minneapolis when the pigs made their routine grand entry with a flag-bang grenade that set the house on fire.
     
  10. Mike

    Mike Founding Member Coach

    Don't forget Waco & the tanks ....

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