Environmental inspections

[rvrrat14]

Have a chance to do some work for a govt. agency doing some flights over ‘dump sites’ and taking photos. Have access to property next door for launch/recovery.

Was wondering what you guys would ask client for your protection.
1. I have a standard form that says the client has to provide me access to the property as well as hold harmless should any issues arise with trespass.
2. Would you get the agency to provide a letter of work authorization as well as stating the flight/photos/surveillance is within state law and provide the statutes, etc. and their authority to conduct such operations.

It’s on the up and up, the agency is certified for such work and their inspectors are licensed by the state.

How would you handle this.

 

[Meta4]

Have a chance to do some work for a govt. agency doing some flights over ‘dump sites’ and taking photos. Have access to property next door for launch/recovery.
Was wondering what you guys would ask client for your protection.

If confrontation is a potential issue, don't fly the drone in a straight line in and out - take an indirect path.
The new Mavic (quieter) might be a better option than a Phantom or Inspire.

 

[LUIS MARTINEZ]

Have a chance to do some work for a govt. agency doing some flights over ‘dump sites’ and taking photos. Have access to property next door for launch/recovery.

Was wondering what you guys would ask client for your protection.
1. I have a standard form that says the client has to provide me access to the property as well as hold harmless should any issues arise with trespass.
2. Would you get the agency to provide a letter of work authorization as well as stating the flight/photos/surveillance is within state law and provide the statutes, etc. and their authority to conduct such operations.

It’s on the up and up, the agency is certified for such work and their inspectors are licensed by the state.

How would you handle this.

It's the national airspace, not sure what you are asking. Will you step on lands not owned by you or your client?

 

[rvrrat14]

It's the national airspace, not sure what you are asking. Will you step on lands not owned by you or your client?

Yes, but they have owners permission to access property. My standard contract addresses this and I’ll have them sign it. But my concern is even though its national airspace next door where the site is, this is also considered surveillance. For that reason, I would think its advisable to have the agency provide me a work release, should FAA ask, and to cover any legal issues the owner of the site may bring up on surveillence/privacy issues. That’s what I’m wondering.

 

[LUIS MARTINEZ]

Yes, but they have owners permission to access property. My standard contract addresses this and I’ll have them sign it. But my concern is even though its national airspace next door where the site is, this is also considered surveillance. For that reason, I would think its advisable to have the agency provide me a work release, should FAA ask, and to cover any legal issues the owner of the site may bring up on surveillence/privacy issues. That’s what I’m wondering.

OK, maybe I'm just slow today. These two statements seem to contradict each other: "Yes, but they have owners permission to access property" and "cover any legal issues the owner of the site may bring up on surveillence/privacy issues"

If you have permission to be on the property you should be good. Unless you have the intent to photograph someone in an adjacent non-public area, it is not a crime. What's your state law on the topic? Here's mine.

 

[rvrrat14]

OK, maybe I'm just slow today. These two statements seem to contradict each other: "Yes, but they have owners permission to access property" and "cover any legal issues the owner of the site may bring up on surveillence/privacy issues"

If you have permission to be on the property you should be good. Unless you have the intent to photograph someone in an adjacent non-public area, it is not a crime. What's your state law on the topic? Here's mine.

I’m sure I wasn’t clear.
1. The property in question is NEXT DOOR to the property they have owner permission to access.
2. If in the NAS, privacy laws come in to play, in TEXAS. Surveillence as well. This is where I”m wondering should I ask this agency for ‘work authorization’ to show I”m working directly for them in obtaining photos for law enforcement purposes.

 

[LUIS MARTINEZ]

OK, I understand privacy laws. There is no expectation of privacy in a public place. What is a "public place" within the context of drones has become very muddled with court cases pending. In your original situation, I would fly the job w/o worries since My drone is over property I have permission for. Let the other person make the case for invasion of privacy.
I do that regularly on construction jobs. There is no way to photograph the project w/o unintentionally imaging someone walking by a sidewalk adjacent to the job site or a backyard of a home. We all do it.

But you have now changed the legal context with "obtaining photos for law enforcement purposes. " Now you would be acting as an agent of the government (no different than a police officer) and we are getting into thorny search warrant and 4th Amendment legal area. The legal issues becomes the reasonable expectation of privacy. This is a question for the law enforcement agency's legal advisor.

I attached some interesting reading. So far as I know, there are several local and state cases on police drone surveillance pending but none have reached an Appellate Court nor the Supreme Court, yet.

 

[rvrrat14]

OK, I understand privacy laws. There is no expectation of privacy in a public place. What is a "public place" within the context of drones has become very muddled with court cases pending. In your original situation, I would fly the job w/o worries since My drone is over property I have permission for. Let the other person make the case for invasion of privacy.
I do that regularly on construction jobs. There is no way to photograph the project w/o unintentionally imaging someone walking by a sidewalk adjacent to the job site or a backyard of a home. We all do it.

But you have now changed the legal context with "obtaining photos for law enforcement purposes. " Now you would be acting as an agent of the government (no different than a police officer) and we are getting into thorny search warrant and 4th Amendment legal area. The legal issues becomes the reasonable expectation of privacy. This is a question for the law enforcement agency's legal advisor.

I attached some interesting reading. So far as I know, there are several local and state cases on police drone surveillance pending but none have reached an Appellate Court nor the Supreme Court, yet.

Good read. Thank you.

 

[BigAl07]

It was all pretty cut-n-dried until you tossed in there "Law Enforcement Purposes". It's time to refer that to the depts Legal team.

 

[Rob Hodges]

Several states have specific laws requiring warrants for law enforcement surveilance.

 

[R.Perry]

This is very interesting, a while back I was hired to fly over a remote private property and observe a home the police were going into and make an arrest. So I assumed they had a warrant, never asked, just flew the mission and put some money in my pocket.

 

[BigAl07]

This is very interesting, a while back I was hired to fly over a remote private property and observe a home the police were going into and make an arrest. So I assumed they had a warrant, never asked, just flew the mission and put some money in my pocket.

@R.Perry It sounds like we do a lot of the same "work" LOL.

I was called week before last to fly and "scope out" an area where SWAT was going to do a night time raid on a drug compound. I wasn't gathering intel for court purposes but building a site picture to help the team know what was on the property ahead of time.

 

[GadgetGuy]

@R.Perry It sounds like we do a lot of the same "work" LOL.

I was called week before last to fly and "scope out" an area where SWAT was going to do a night time raid on a drug compound. I wasn't gathering intel for court purposes but building a site picture to help the team know what was on the property ahead of time.

No wonder the public gets nervous when they see a drone flying around their abode! LOL!
Just because you are paranoid doesn't mean they aren't after you!

 

[BigAl07]

No wonder the public gets nervous when they see a drone flying around their abode! LOL!
Just because you are paranoid doesn't mean they aren't after you!

There's a lot of truth to that.