Illegal to Fly Over My Neighbor's Back Yard?

Discussion in 'General Discussion' started by pdmike, Feb 8, 2018.

  1. Chuck

    Chuck Well-Known Member

    Whether the act is civil, criminal or both (Yes, you can sue the actor civilly that robbed, assaulted, or harassed you. That is entirely seperate from a criminal prosecution and does not preclude criminal prosecution from occurring.), is a matter for a judge to ultimately determine after such legal action has been initiated (You can't rule on a case that does not yet exist....). And by the way. I have attorneys and other cops in my family, and even a judge. So in some respects, it's a game of anticipating how one or more of each other will interpret a case, and how they would react.
     
  2. John Scott

    John Scott Member

    Retired LEO here and some people just refuse to listen . You can not Annoy, Harass, or Trespass under the guise of free airspace. Hand cuffs and standing before a Judge with mom and dad trying to post bail to keep your punk ass out of jail is just the reality some retards need because they think the know they law. FAA free airspace is not a defense for Trespassing or Harassment in the State of NY.
     
    Last edited: Feb 19, 2018
  3. Rick M

    Rick M Absent-minded professor

    Ok...I have tried so very hard to stay out of this. I'm also a retired cop. I know what it's like to be in the field and on the radio call and have to try to figure out how to be the arbiter of "right and wrong" while knowing your penal code and case law and what all you can get away with when you think you are on the side of the angels. We get it. I've spent the last oh, so many years trying to reconcile my post-LE life with my current life.

    Arguing that the "A-hole rule" in the field translates to some kind of broad legal precedent is specious. Yeah, we have all stretched a point on a call when we believed we were doing the right thing for society as a whole. You do realize that by emphasizing how much discretion street cops have to put somebody in jail who is working very hard to demonstrate how much he deserves it...reinforces the arguments of everyone who is trying to handcuff good street cops who are trying to do the right thing in a world of greys, right? Raise your hand if you are spending swing shift in a patrol car and want to sort out the national airspace "federal versus local"issue. For the love of God, people....
     
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  4. John Scott

    John Scott Member

    What State where you a LEO Rick ? I'm surprised that it is one would allow harassment or violations of trespassing and invasion of privacy and property owners rights.
     
  5. mozquito1

    mozquito1 Well-Known Member

    Been here done this. I'm staying out.
    OK so what about this situation then.
    Im in a public place keeping my distance from ppl & following the rules.
    Only to be getting trolled by someone with a dog. Or someone just hinders you everytime you move on out there way.
    When this happens I put my stuff away & follow them. I got footage of them following me so who the cops gonna believe.
     
  6. KentA

    KentA Well-Known Member

    Restraining Order?
     
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  7. mozquito1

    mozquito1 Well-Known Member

    Restraining somthing I tell ya.
    Mainly my forehead.
     
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  8. pdmike

    pdmike Extremely Popular Member

    Nor is it a defense for trespassing or harassment in the state of California. The civil statute mentioned in the OP covers invasion of privacy, trespassing, harassment, etc. by a quad pilot, flying his quad over someone else's property. It creates a civil cause of action for such activity. The aggrieved homeowner who feels that his privacy is being invaded, may sue the quad pilot civilly for the invasion of privacy, trespass, or whatever.

    But this is an entirely CIVIL remedy. There is no CRIMINAL sanction that can be imposed on a quad pilot in California for flying his quad over someone else's house PROVIDED the quad takes off and lands from either public property or private property with the permission of the property owner and further provided that no other criminal laws are violated during the flight. Once the quad "lifts to the sky" from the described takeoff point, the State of California has no criminal jurisdiction over where the quad flies or what it does merely because the quad passes over someone else's house. Now, if a quad pilot intentionally flew his quad into this neighbors plate glass window, he would be guilty of vandalism, and could be criminally punished for such.

    To sum up: If a quad pilot takes off from a proper takeoff point, gets his quad up to a reasonable height (so it is obvious he isn't trying to peek into his neighbor's window) and flies it over his neighbor's house, in California anyway, he cannot be criminally charged with anything.
     
  9. HiDesertHal

    HiDesertHal Well-Known Member

    What about flying at an altitude that takes in a full city block, just so you can see how many swimming pools are in your neighborhood? That's not spying on any one property...is it?

    HiDesertHal
     
  10. Spork

    Spork There is no spoon

    I know this thread is oldish, but I'm the type of person that doesn't mind admitting when he's wrong. I came across a thread on another forum that pointed this out to me.

    What I said in the quote about regarding maximum altitude is correct if you a Part 107 UAS pilot. @Chuck comment above where he said the 400' is the absolute max is true for non-107 pilots. I had incorrectly assumed the altitude limit was the same for both when I fact checked by looking at the 107 information. Just an FYI.
     
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  11. GlassKnees

    GlassKnees Well-Known Member

    When I lived in a retirement community, I contacted all my neighbors before attempting any flights with the idea that if even one objected I would not fly. Everyone was interested, especially when I posted videos of my overflights of the woods behind our houses.

    I live in Colorado now and I take great pains to fly over fields where nobody will object. I flew once over Windsor Lake when it was frozen over but contacted authorities of my intentions beforehand - nobody objected. I think if you make an attempt and reach out to people beforehand, you may get good results. BTW, somebody in my neigborhood has overflown our houses with a Phantom and I'm not aware of any complaints...
     
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  12. ArmyVet

    ArmyVet Well-Known Member

    Courtesy and Common Sense! How refreshing..:)

    I applaud you for going the extra step. Not sure I would go that far.:cool: I do try to be legal and not create problems. Take the path of least resistance.

    Have fun!
    Bill
     
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  13. GlassKnees

    GlassKnees Well-Known Member

    When you live amongst old farts, sometimes you have to take the extra steps!

    Check out this video:
     
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  14. ArmyVet

    ArmyVet Well-Known Member

    I resemble that at 70 hahaha
     
  15. ArmyVet

    ArmyVet Well-Known Member

    The moment I saw the power lines.............I knew it!

    The best line.......................Dont you have a "metal rake".?????????????????????????
     
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  16. Torc the Sinister

    Torc the Sinister Finally in the ranks of the brushless!

    Does that include your home as well?
     
  17. Spork

    Spork There is no spoon

    I saw the one a bit ago. I was the same as @ArmyVet, I knew it. I thought "destroyed" was a little much, though.
     
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  18. Spork

    Spork There is no spoon

    Seeing how it says "any structure" I would assume so. If not, it seems hard to comply with when the pilot is a person - or maybe they want you to prepare for takeoff, jog 75m away, then takeoff. :p
     
  19. RENOV8R

    RENOV8R Well-Known Member

    Sure. I'm not exempt from the law just because I'm on my own property. That being said, try to tell me that I can't test hover a new build for a couple minutes outside my backdoor..........
     
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  20. Spork

    Spork There is no spoon

    LOL - I'm right there with you.
     

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