Police drones are helpful tool but come with concerns

Drones, police say, could help protect SWAT teams, aid crowd control and carry out crash investigations.

The unmanned aerial vehicles, civil-rights watchdogs say, also could be used to illegally collect evidence and snoop into people's private lives.

So while interest in the technology is surging — Amazon wants to use them to deliver packages; filmmakers see easy shots from the air — perhaps the most provocative use would be by law enforcement. Drones can range from the 27-foot-long Predators used by the U.S. military to hand-held devices used by hobbyists.

Some police agencies already are taking small steps toward embracing the bird's-eye view that drones equipped with cameras can provide. Other departments, meanwhile, are waiting until rules to ensure safety and privacy are more clear.

Regulation starts with the Federal Aviation Administration, which so far has generally prohibited commercial use. Hobbyists, however, have been given the go-ahead, as have government agencies, such as police. Public agencies must obtain formal FAA authorization, and by the end of last year 545 agencies had received such certification.

Police agencies must inform the FAA how, where and when they intend to use drones, said Les Dorr, an FAA spokesman in Washington, D.C. If the FAA sees no physical risk to the public, Dorr said, the FAA generally approves police requests.

Safety issues, however, are not the only concern.

Civil libertarians worry that drones will become a tool by which government could abuse its power.

"The use of drones must be targeted," said Jane Henegar, executive director of the American Civil Liberties Union of Indiana. "Drones cannot be used to collect bulk information that could be misused or storehoused for years. Police agencies must be upfront with lawmakers and the public as to how and when drones are used and how information collected is used."

The ACLU of Indiana is particularly concerned about violations of citizens' Fourth Amendment rights against unreasonable searches and seizures, she said.

One hypothetical example: A detective using a drone to cruise over a neighborhood and peek through windows for random criminal violations such as someone smoking marijuana.

Henegar does not oppose the use of drones by police, she said, if citizens' rights are respected.

"Technology is awesome. It has added incredible quality and potential to our lives," she said. "But there's always a potential that the power of technology can be misused."

In Indianapolis, public safety officers have not used drones. Officials want to wait until rules governing their use are clearer, Public Safety Director Troy Riggs said.

"Before we invest taxpayer money in any new technology, we'll wait," he said, "simply because there are too many questions and too many potentials for the Fourth Amendment to be violated. ... We need a rational, well-thought-out approach."

Still, he and top officers at the Indianapolis Metropolitan Police Department have discussed drones' potential value, particularly in monitoring special events and large gatherings.

It's likely a matter of time, Riggs said.

"We know the drones are here to stay."

City-County Council member Zach Adamson has drawn up a resolution that would create a study committee to develop rules guiding the use of drones. He has consulted at length with Riggs, he said.

"We need something that clarifies the expectations of the public and meets the needs of public safety," said Adamson, a Democrat, "while still protecting the public and their civil rights and privacy."

He is looking for a Republican to co-sponsor the resolution before presenting it to the full council.

"The real issue is there aren't any real concrete regulations relating to drones right now," Adamson said. "That poses a number of issues and hazards for the public at large. You might be in a space where you would think you might have a reasonable amount of privacy. Then you look outside your 23rd-floor apartment building and see someone spying on you with a drone."

Adamson also envisions some future proposal by police agencies to outfit drones with high-tech weaponry. That could protect individual police officers but prove dangerous to civilians if mishandled, he said.

"There are a lot of possible dangers," he said. "We just want to make sure we're not jumping into this too carelessly and putting civil liberties and our physical safety at risk."

Adamson sees great potential for drones, he said, when used carefully by police and others to survey large-scale events or for surveillance in particularly dangerous situations, such as SWAT callouts.

"We think we have to come to some nice agreements on some things that gives police some latitude should an absolute need arise," Adamson said, "with their assurance that they would keep in mind that there are public safety and civil liberty issues."

As with any type of search and seizure, he noted, police would need a warrant to use drones to intrude upon people's privacy.

"There is a process that allows your privacy to be violated if there is some criminal justice objective that justifies it," he said. "A warrant changes everything."

The Indiana State Police also has opted against using drones. Capt. Dave Bursten cited "the money and all the gray area around their legal use." Drones are "probably something that will be revisited," he said, as federal regulations are developed.

"We may use UAVs in the future for documenting crime scenes and training video production."

The Greenfield Police Department bought its drone late in the summer of 2013 for around $400 or $500, Maj. Derek Towle said. The small GoPro camera that attaches to the bottom was an additional $400.

"We've used it once at a crash investigation," Towle said. "In the past we used to bring out bucket trucks sometimes from the street department to get above and look down on a crash scene. We used the drone to do that, and it was very effective."

Towle described Greenfield's drone as "basically a little helicopter with a GoPro camera." His agency sees other potential uses for the drone, he said, such as assisting with surveillance at active crime scenes. Like other agencies, he added, Greenfield is staying alert for any new state and federal regulations as the department proceeds with caution.

While police departments weigh the considerations in embracing the technology, at least one officer has moved ahead with it — as an off-duty hobby.

Indianapolis Metropolitan Police Department officer Ron Shelnutt has invested about $2,400 in a drone setup that enables him to watch a live video feed via an iPad he uses to control the device. His drone is equipped with GPS.

With permission, Shelnutt recently used his drone to shoot aerial video of the funeral procession of slain IMPD Officer Perry Renn as it traveled from Bankers Life Fieldhouse to Crown Hill Cemetery.

Recently, Shelnutt demonstrated the drone to a Star reporter at Franklin Township Park on the Southeastside. Shelnutt said he doesn't know whether he will ever get to use a drone in his professional capacity as an officer, but he sees the potential benefits.

He also understands the concerns.

"If you really want to use this technology," he said, "you have to be extremely respectful of everyone's privacy rights."

Call Star reporter Bill McCleery at (317) 444-6083. Follow him on Twitter: @BillMcCleery01.