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Can Police Use Drones for Surveillance in Utah?

Law enforcement agencies are starting to use drones more frequently, but there are restrictions in place in Utah. For example, if the police want to use drones for surveillance on private property, they typically have to get a warrant first.

Police agencies may also fly drones in public areas where there is no reasonable expectation of privacy, such as when searching for a missing person. Law enforcement can sometimes use footage obtained from civilian drones, but only if certain conditions are met. Otherwise, we may suppress drone footage to prevent its use against you. Even if drone footage is admissible, offering more context may minimize its effect on your case.

To get a free and confidential case evaluation, call the Salt Lake City criminal defense attorneys of Overson & Bugden today at (801) 758-2287.

Do the Police Need a Warrant to Use Drones for Surveillance on Private Property in Utah?

Utah Code § 72-10-802 only lets police use unmanned aircraft, or drones, for surveillance in certain situations. Law enforcement may not use, receive, or obtain data via a drone unless certain criteria are met. If conditions are not met, we may suppress the use of drone footage as evidence.

If law enforcement obtains a search warrant, it may use drones and the footage from them. Law enforcement may seek a warrant to use a drone for surveillance in various situations. Unmanned aircraft can film large pieces of property, surveil targets of investigation, and let law enforcement stealthily survey an area without the target becoming aware.

Police officers do not need a warrant to use drones on private property in certain exigent circumstances, such as in an active shooter or hostage situation, where gaining information via drone surveillance is crucial to the public’s safety. Our Murray, UT criminal defense attorneys may argue that the conditions for exigent circumstances were not met, making drone footage inadmissible.

Can the Police Fly Drones in Public in Utah?

Law enforcement may also use drones to search for missing or lost persons. Law enforcement may only do this in certain areas, such as anywhere a person has no reasonable expectation of privacy. This means law enforcement may fly drones and film in any public area. If footage coincidentally films the commission of a crime, it may be admissible evidence, unless privacy rights were somehow violated.

Law enforcement may also use drones for other non-surveillance reasons, like assisting in monitoring public safety during large events.

Can the Police Use Someone Else’s Drone Footage in Utah?

Police officers may use footage from drones if they obtain it from someone who is a “nongovernment actor” under certain conditions, such as the following:

  • If the videos show the commission of a crime
  • If the law enforcement agency believes, in good faith, that the videos pertain to an imminent or ongoing emergency involving the risk of death or serious injury, and the videos would help

We may be able to get the drone footage thrown out if it was filmed anywhere you had a reasonable expectation of privacy, like your backyard with a closed fence.

It is illegal to fly a drone over someone else’s private property without the proper authorization or warrants, another common reason to contest prosecutors using drone footage obtained from a nongovernment actor.

Can the Police Keep Drone Footage in Utah?

Law enforcement agencies in Utah must destroy footage obtained from unmanned aircraft, unless certain exemptions are met. For example, police may not keep any data from an unmanned aircraft that is not relevant to the investigation in question, unless that would compromise the case as a whole.

If a law enforcement agency kept drone footage and is now trying to use it to implicate you in a crime, call our lawyers, and we may be able to get the footage thrown out if it should have been destroyed.

Any drone footage that is collected inadvertently and appears to show the commission of a crime might be preserved and used.

Can Anyone Other than the Police Use Drones in Utah?

Utah also has laws restricting civilian use of unmanned aircraft. For example, flying a drone with a weapon attached is a class B misdemeanor, unless you have the proper authorization.

Flying a drone over someone else’s private property and filming them may result in a class A misdemeanor charge for voyeurism, or worse, depending on the alleged victim’s age.

Call our lawyers if you were arrested on charges related to flying a drone illegally. Not only can we explain the potential consequences you might face on conviction, but we can also help you mitigate or avoid them altogether.

What if the Police Use Drones to Surveil Me?

If a law enforcement agency uses drones to surveil you, and it obtains evidence that leads to your arrest, call us immediately. Drone footage might be harmful, especially without the proper context, which our attorneys can help you provide.

Drone footage is not enough evidence to prove your guilt, so do not let law enforcement try to use it to coerce a confession. Don’t submit to any police interviews or answer any questions, even if they try to provoke you. Instead, contact our lawyers. We can review the footage, gauge whether we think it’s enough to file official charges against you, and help you with all other aspects of your case moving forward.

If we successfully suppress drone footage or other inadmissible evidence, the prosecution may not have enough to follow through with a trial, dropping the charges against you.

If your case goes to trial, we may provide the context for the drone footage the jury needs to aid your defense in Utah.

Call Our Utah Defense Attorneys for Help Today

For help with your case, call the Provo, UT criminal defense attorneys of Overson & Bugden today at (801) 758-2287.