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.
     

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