As a licensed private investigative agency, we frequently receive inquiries about uncovering information on individuals, ranging from their whereabouts to their intentions. Clients often ask if drones or GPS tracking could be viable options for surveillance.
Laws Governing Drone Surveillance
Most states have specific laws regulating the use of drones for surveillance. Florida, for instance, operates under Statute 934.5, known as the Freedom from Unwarranted Surveillance Act, offering a framework for drone use concerning privacy.
Restrictions on Drone Use
Section B of the statute outlines strict prohibitions, emphasizing that a person or entity cannot use a drone to record images of privately owned properties or individuals with the intent to conduct surveillance.
Expectations of Privacy and Exceptions
The statute delineates a reasonable expectation of privacy for individuals on their private property, especially if they’re not observable from ground level. While exceptions exist for certain scenarios, they do not apply to professions involved in obtaining personal information, such as private investigators or attorneys.
Legal Implications and Vicarious Liability
Using a drone unlawfully for surveillance not only violates state laws but also poses legal risks. Both the operator and those commissioning the surveillance may be held liable through vicarious liability if the activity is deemed illegal.
Considerations Beyond Drone Surveillance
Utilizing drones leaves a traceable record, as they’re tracked by identification systems. However, it’s crucial to acknowledge that alternative methods often yield better results in investigations. Additionally, similar legal ramifications apply to various uses of GPS tracking.
Ensuring Legal Compliance in Investigations
To avoid legal repercussions, it’s imperative to ensure compliance with investigative methods. Whether conducting investigations personally or hiring a professional, adhering to legal frameworks is crucial to preventing any potential legal entanglements.
While drones and GPS tracking might seem tempting for gathering information, their use for surveillance is generally restricted by state laws. As such, it’s essential to explore legal and ethical investigative methods to avoid potential legal liabilities in pursuit of information.
