Unbased first published on 07/29/2015
Drones. A couple of stories, a couple of conversations concerning drones caught my attention past week or so. Small drones, the kind they sell in Walmart, hobby shops and toy stores.
If I find a stranger with a camera standing in Big House’s back yard taking pictures, he’s trespassing, no doubt. If he represents some official government agency and is taking pictures in that capacity, I can ask for identification, at least to know what agency has an interest in my property. If he is just John Q. Public being nosey, I can call the police and have him escorted off, perhaps arrested.
A long time ago in a college class for my land surveying degree, I learned that fee title to real property includes everything from a point at the center of the earth extending through the boundaries of my property on out into the known universe. That’s how mineral rights come into being in space below the surface. Essentially same rights extend into the atmosphere but they are legally modified to allow overflight by aircraft without compensation or individual permits.
My question concerns purpose of those overflights. If they are manned flights, pilots at controls on board the aircraft, whether hauling passengers, cargo, or for military protection, then there’s likely a legitimate purpose for their flight. Such flights generally cause little disruption of everyday life. Flights by law enforcement or government agencies may be inconvenient to those who have something to hide, but aren’t likely to be solely for snooping purposes.
My problem arises when that stranger is standing on his own or some publicly owned property, with his camera mounted on a sneaky little drone which is hovering over my back yard. Does that drone/camera constitute trespass? Is invasion of privacy a crime? When do invasion of privacy and trespass become one and the same, or do they ever?
Several weeks ago, I wrote about bathing in Moore’s Run at Doghouse, ensconced on my flat topped bath rock, middle of the creek, soap and bathing suit on a stepping stone beside me, washcloth in hand, sousing my head and back with cool water. A reader emailed me saying they bet that was a sight. Laughing mention was made of sending a drone over Doghouse just to get a picture. No gates to open, no noise to alert me.
A funny picture, but it got me thinking. Possible? Yes, definitely. I don’t care if someone sees my bare butt, but there may be things on my property I’d like kept private. If that proverbial stranger stands on Moore’s Run bank and photographs me bathing, he is definitely trespassing because bath rock isn’t visible from property other than my own.
Identification? I can approach a stranger and ask him to identify himself and state his purpose for his actions. Official, no doubt he can whip out a card and or badge.
Unofficial, he’ll need to be friendly/convincing that he has no bad motives, otherwise I’ll ask law enforcement to help me remove him.
But a remotely controlled drone? Can’t ask it much. It would be gone long before law enforcement arrives, No way to identify or know for sure to whom it belongs or who is controlling it for what purposes. Anonymous. Sheaky Ha ha funny.
BOOM! Not likely it flies fast enough for my old Remington 12 gauge to bring down, but if I see it and old 12 is handy, I’ll try. Then all I have to do is watch its pieces until somebody comes and picks them up.
Another thought added by news articles last week. Some enterprising individual had mounted a gun on a small personal drone. Unbased (me) found dead. Shot to death while sitting on my bath rock by a drone, remotely controlled from a couple miles away. No warning. No Physical evidence. Scary.
