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Interesting case for trespass with a drone in Michigan

To be honest I think the unmanned v. manned argument is a cop-out. Although the naked eye at 500 feet and a drone camera below 400 can see quite a bit more. I think over time it's going to come down to what can be seen with unaided magnification. But then with the new drone zoom cameras that adds more for them to discuss.
 
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So if I use a drone platform to take photos of an illegal operation, illegal construction, whatever, that is taking place on a fenced property, the court says the photos can't be used as evidence, Well what if I use a ladder to look over the fence and take a picture? Still illegal? What if I'm naturally tall enough to see over the fence and take picture? What if I'm in my upstairs bedroom and can see over the fence from my window and take a picture? Or if I'm standing on my roof on my own property and take a picture? I think this whole privacy argument is ridiculous. If you don't want to be seen from a public vantage point, be it from a helicopter, a drone, a roof, etc. then make sure you are hidden by something around you AND above you. It's just common sense. Unfortunately, the world doesn't use common sense anymore.

What that court case didn't get into is whether or not the drone photos could be presented to a judge to simply show probable cause so the authorities could then obtain a search warrant to enter the property and obtain the evidence firsthand. In that case, the drone photos would not be needed in the trial.
 
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They actually threw out the drone photos because it was a warrantless search, hired by the township. This really had nothing to do with civilian use.
 
This is more of a case of warrantless search by a government agency than it is about privacy. Privacy laws are clear. If you don't want somebody seeing something you do, do it where they can't see. If you parade around naked in front of your large glass windows at your home and you don't have curtains you shouldn't be able to complain when people see your naked body.
The government surveilling you is a different issue altogether though. The Constitution gives you the right not to be surveilled by the government without a warrant. There's a big difference between flying over someone's property and accidentally seeing something, and the government actively searching for evidence without a warrant.
 
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