Local PD Posted This on FB
- Thread starter Phantom Texan
- Start date
No need for a lawyer. Local PD can't enforce FAA regulations so it's really not a big deal, they'll probably yell at him and tell him to be more careful or maybe we're just looking too far into the way it was written. I say go there and claim it. Wonder if the owner is on here and curious of the crash story.
A lot of confusion and misinformation about who can enforce Federal laws:
State and local police are often in the best position to immediately investigate unauthorized UAS operations, and as appropriate, to stop them. The document explains how first responders and others can provide invaluable assistance to the FAA by:
- Identifying potential witnesses and conducting initial interviews
- Contacting the suspected operators of the UAS or model aircraft
- Viewing and recording the location of the event
- Collecting evidence
- Identifying if the UAS operation was in a sensitive location, event or activity
- Notifying one of the FAA’s Regional Operation Centers about the operation as soon as possible.
- FAA Issues UAS Guidance for Law Enforcement
There is evidence of a considerable increase in the unauthorized use of small, inexpensive Unmanned Aircraft Systems (UAS) by individuals and organizations, including companies. The FAA retains the responsibility for enforcing Federal Aviation Regulations, including those applicable to the use of UAS. The agency recognizes though that State and local Law Enforcement Agencies (LEA) are often in the best position to deter, detect, immediately investigate, 1 and, as appropriate, 2 pursue enforcement actions to stop unauthorized or unsafe UAS operations. The information provided below is intended to support the partnership between the FAA and LEAs in addressing these activities.
https://www.faa.gov/uas/regulations_policies/media/FAA_UAS-PO_LEA_Guidance.pdf
The FAA guidance to law enforcement officers suggests that any drone operated in restricted areas, in a way that endangers others, or in a “careless or reckless manner” should be subject to investigation. This last is broad; anyone who has flown a new drone for the first time knows that “reckless” and “beginner” might often be the same thing, despite an operator’s best intentions. The guidance also informs law enforcement that registration numbers must be visible on all drones subject to the registration rules; leaving it open for law enforcement to question operators following all other rules but without a visible number.
Will the FAA Enforce Unregistered Drones? - DRONELIFE
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While the information is correct, local law enforcement can't enforce federal laws, only state laws and local ordinances. With that being said, state laws can't be less strict than federal laws. They have to be stricter or equal.
Registering your drone with FAA is not a law, it's a regulation. A local police officer cannot cite you for not registering your drone. Can they investigate if you're doing something careless with it? Sure. Just like if you're doing anything careless with any other object. With that being said you would still get changed with a violation of a state law if it came down to it.
More confusion regarding the word "regulation."
You need to recognize the legal definition of the word, and not the common definition:
regulations
n. rules and administrative codes issued by governmental agencies at all levels, municipal, county, state and federal. Although they are not laws, regulations have the force of law, since they are adopted under authority granted by statutes, and often include penalties for violations. One problem is that regulations are not generally included in volumes containing state statutes or federal laws but often must be obtained from the agency or located in volumes in law libraries and not widely distributed. The regulation-making process involves hearings, publication in governmental journals which supposedly give public notice, and adoption by the agency. The process is best known to industries and special interests concerned with the subject matter, but only occasionally to the general public. Federal regulations are adopted in the manner designated in the Administrative Procedure Act (A.P.A.) and states usually have similar procedures.
Read more: Legal Dictionary - Law.com
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Well crap, I' ve been doing it all wrong...
Should I have listened to all the forum lawyers before I arrested folks on the following? Lol
1. Bank Robbery
2. Counterfeit Currency
3. Drug Smuggling
4. Human Trafficking
5. Mail Theft/Fraud
6. Wire Fraud across state lines
7. Impersonation of a Federal Agent
Please don't believe misinformation. Check for youself if you don't know better.
Police of all kinds enforce Federal Law. LEGALLY
Should I have listened to all the forum lawyers before I arrested folks on the following? Lol
1. Bank Robbery
2. Counterfeit Currency
3. Drug Smuggling
4. Human Trafficking
5. Mail Theft/Fraud
6. Wire Fraud across state lines
7. Impersonation of a Federal Agent
Please don't believe misinformation. Check for youself if you don't know better.
Police of all kinds enforce Federal Law. LEGALLY
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I think he just said 4 propeller drone as in quad.. Not DJI Phantom 4. Still that's pretty funny. Go get the quad. Don't be skeert.The pic shown can not be the drone they found, said it is a P4 and thats no P4.
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But that is a Phantom 1 pictured... and if they really want someone to come forward they should delete that last sentence. Just saying.
If that's a Phantom 4 I'm Elmer Fudd... And I never hunt wabbits...
-slinger
Okay. Local law enforcement still can NOT cite people for FAA regulation violations.
What are you and in what country?
Apparently, he works or has worked for almost all of the federal agencies
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dirkclod
Premium Pilot
I double dare anyone here to come up with a link or citation that states;
1) local LEO's hands are tied when it comes to Federal Laws,
2) local LEO's have no authority to arrest, detain, or investigate anyone accused of a violating Federal Law or Regulations,
3) Anything similar to the above.
1) local LEO's hands are tied when it comes to Federal Laws,
2) local LEO's have no authority to arrest, detain, or investigate anyone accused of a violating Federal Law or Regulations,
3) Anything similar to the above.
Okay buddy, the day you graduate from 785 hour Police Academy teaching you of what you can and can NOT do is the day you can come back to me and tell me that. Can't stand internet lawyers.
That would make sense, hence FEDERAL Aviation Administration.
I'm just some guy that spent 785 hours in Academy and then a little over 3 years of working as a local police officer... no idea what I'm talking about. Maybe I should've googled stuff instead of going to academy.
LOL., I thought it was you that was told to slow your roll by some real Cops on this list the last time you tried to impress us with your "training."
Thanks for veryifying that...
I double dare YOU to come up with a link or citation that states;
1) local LEO's hands are tied when it comes to Federal Laws,
2) local LEO's have no authority to arrest, detain, or investigate anyone accused of a violating Federal Law or Regulations,
3) Anything similar to the above.
I've posted the FAA's directives to local police, something you should be well aware of, and you continue to ignore it.
Please don't confuse Federal Criminal Law and Federal Regulations.
Either way, local LEOs can't enforce enforce either one of those. If a federal law is broken and there is NO mimicked state law for the offense, FBI gets involved and handles the investigation. If there is a mimicked state law, they're prosecuted based on the state law.
State laws have to be equal or more stringent than federal laws they're mimicking.
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