Ban Drone Surveillance – Ban Use of Drones

PRIVACY PROTECTION ACT V2: BAN ON THE USE OF DRONES BY FEDERAL AND STATE AGENCIES

SECTION 1. [STATE] General Laws, Chapter ____ of Title _____ is hereby amended by adding thereto this section:

– Use of Unmanned Aerial Vehicles (UAVs) by Law Enforcement Banned –

(a) The general assembly finds and declares the following:

(1) The right to privacy is fundamental in a free and civilized society.

(2) Persons within the State of [STATE] have a reasonable and justifiable expectation of privacy that they will not be monitored with UAVs by law enforcement agents of the United States or law enforcement agents of the State of [STATE].

(3) The potential benefit to law enforcement and criminal justice from the use of UAVs is far outweighed by the degradation to the fundamental right to privacy secured by the Constitution of the United States and the Constitution of the State of [STATE] that will result from law enforcement’s use of UAVs.

(4) The use of UAVs by law enforcement is repugnant to a free society.

(b) Any law enforcement agent of the Federal Government that shall utilize a UAV for any purpose whatsoever within the airspace of the State of shall be guilty of a Class A Misdemeanor.

(c) Any law enforcement agent of the State of [STATE] that shall utilize a UAV for any purpose whatsoever within the airspace of the State of [STATE] shall be guilty of a Class A Misdemeanor.

(d) Any person that shall knowingly, or under facts where the person should know, assist any person or entity to violate section (b) or (c) of this chapter shall be guilty of a Class A Misdemeanor.

(e) Any information gathered by a UAV, and any information gathered as a result of the use of a UAV, whether by said law enforcement agents, or otherwise, is declared inadmissible in any civil or criminal court of law in the State of [STATE].

(f) As used in this section, “Unmanned Aerial Vehicles” and “UAVs” are any aircraft without a human pilot on board.

(g) As used in this section, “law enforcement agent of the United States” is any officer, employee or agent of the United States, or any officer employee or agent of a branch, department or agency of the United States, or any person or entity acting under contract with the United States or any branch, department or agency thereof, for the purpose of law enforcement or criminal justice.

(h) As used in this section, “law enforcement agent of the State of [STATE]” is any officer, employee or agent of the State of [STATE], or any officer employee or agent of a branch, department or agency of the State of [STATE], or any person or entity acting under contract with the State of [STATE] or any branch, department or agency thereof, for the purpose of law enforcement or criminal justice.

(i) This section shall be construed broadly to effect the legislative intent of banning the use of UAVs by law enforcement, and any information obtained as a result of the use of UAVs by law enforcement, within the State of [STATE].

(j) Severability: If any provision, portion or subdivision of this Act is or becomes illegal, such illegality shall not affect the remainder of this Act.

SECTION 2: This act takes effect immediately upon approval by the People.

**Legislation drafted by Blake Filippi

Blake Filippi [send him email] is a Legal Analyst for the Tenth Amendment Center. He is also the director of the Rhode Island Liberty Coalition, a constitutional attorney and the initial author of resolutions opposing NDAA detention provisions being introduced around the country. Visit RI Liberty online at www.riliberty.com.

Source: http://tenthamendmentcenter.com/


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