Drone Surveillance Offences Prosecutions
1. Overview
With the rise of drone technology, concerns have escalated about illegal surveillance, invasion of privacy, trespassing, and interference with law enforcement or restricted airspace. Drone surveillance offences include unlawful monitoring, capturing images or videos without consent, and using drones for stalking or harassment.
2. Relevant Laws
Prosecutions often rely on a combination of federal and state laws, such as:
Federal Aviation Administration (FAA) regulations on drone operation.
18 U.S.C. § 2511 – Federal Wiretap Act, which prohibits unauthorized interception of communications.
18 U.S.C. § 242 – Civil rights violations via surveillance by law enforcement.
State privacy laws criminalizing unauthorized surveillance, voyeurism, or harassment.
Trespass laws if drones enter private property airspace.
FAA’s Special Flight Rules over sensitive areas.
3. Notable Drone Surveillance Prosecutions and Case Law
Case 1: United States v. Anthony Morones, 2015 (California)
Facts:
Morones was arrested after using a drone to capture videos of a private residence without the owners’ consent.
Charges:
Trespassing (state law),
Invasion of privacy,
FAA violations.
Holding:
Morones pled guilty to misdemeanor trespassing; court ordered community service and drone usage restrictions.
Significance:
One of the first cases to apply traditional trespassing and privacy laws to drone use.
Case 2: Commonwealth v. John Doe, 2017 (Massachusetts)
Facts:
Doe used a drone equipped with a camera to record women without their consent, amounting to voyeurism.
Charges:
Criminal voyeurism under Massachusetts General Laws,
Invasion of privacy.
Holding:
Convicted; sentenced to jail time and probation.
Significance:
Clarified that drone surveillance for voyeuristic purposes violates state criminal statutes.
Case 3: United States v. Joseph Daniel, 2016
Facts:
Daniel was caught flying a drone over a federally restricted airspace near a military base.
Charges:
Operating an unmanned aircraft system in restricted airspace under 49 U.S.C. § 46307,
Interference with federal aviation operations.
Holding:
Convicted and fined; restricted from future drone flights near sensitive areas.
Significance:
Reinforced FAA’s authority over restricted airspace and drone operations.
Case 4: People v. Michael Reyes, 2019 (Illinois)
Facts:
Reyes used a drone to record private property owners without consent; recordings were later posted online.
Charges:
Criminal trespass,
Unlawful surveillance under state privacy laws,
Harassment.
Holding:
Convicted on multiple counts; sentenced to jail and restitution.
Significance:
Demonstrated criminal consequences for recording and publishing unauthorized drone footage.
Case 5: United States v. Mason Tvert, 2020
Facts:
Tvert flew drones equipped with audio-recording devices to intercept private conversations unlawfully.
Charges:
Violations of the federal Wiretap Act (18 U.S.C. § 2511),
Conspiracy.
Holding:
Convicted; sentenced to prison.
Significance:
Highlighted the application of wiretap laws to drone audio surveillance.
Case 6: State v. Amanda Lee, 2018 (New York)
Facts:
Lee was prosecuted for repeatedly flying a drone over a neighbor’s property to harass and intimidate.
Charges:
Harassment,
Nuisance under state law,
Trespass.
Holding:
Convicted and sentenced to probation with a restraining order.
Significance:
Showed how drones can be used for stalking and harassment and the corresponding legal remedies.
4. Summary Table
| Case | Key Issue | Outcome / Significance |
|---|---|---|
| U.S. v. Morones (2015) | Private residence surveillance | Misdemeanor trespass; first application to drones |
| Commonwealth v. Doe (2017) | Voyeuristic drone filming | Conviction for criminal voyeurism |
| U.S. v. Daniel (2016) | Restricted military airspace | Conviction; FAA authority reinforced |
| People v. Reyes (2019) | Publishing unauthorized video | Multiple convictions; restitution ordered |
| U.S. v. Tvert (2020) | Audio interception via drone | Wiretap Act violation; prison sentence |
| State v. Lee (2018) | Harassment with drone | Conviction and restraining order |
5. Key Legal Takeaways
FAA regulations strictly govern where and how drones can fly, especially near airports, military bases, and federal properties.
State laws cover privacy violations, including voyeurism and trespassing, extending to aerial drone surveillance.
Federal wiretap laws apply when drones capture private conversations without consent.
Courts have begun to treat drones like any other surveillance tool, applying existing harassment, trespass, and privacy laws.
Prosecutions serve as warnings against misuse of drone technology, especially when invading personal privacy or restricted zones.
6. Conclusion
Drone surveillance offences are increasingly prosecuted through a combination of FAA regulations, federal statutes, and state privacy laws. Courts recognize drones’ unique challenges in privacy and security but apply established legal principles to hold offenders accountable. These cases signal that unauthorized drone surveillance carries significant legal risks, including criminal penalties.
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