New California law would mandate checks on police use of drones

A law before California Governor Jerry Brown would require law enforcement agencies to obtain a warrant before dispatching drones for surveillance. The law allows use of drones without warrant in emergencies including fires, hostage crises, chase and search and rescue. There are concerns that drones could be used to monitor protests as suggested by the Alameda County sheriff and potentially used to violate protestors’ First Amendment rights. (CNET, September 12, 2014, by Daniel Terdiman)

While the law appears reasonable to all but police, it is actually opposed by key groups representing anti-drone activists. They argue that any sanction of drone use even under judicial oversight will legitimize their use making it difficult to keep them out of people’s lives. “Also, judicial oversight isn’t all it’s cracked up to be. In 2010, for instance, the Foreign Intelligence Surveillance Court approved every single request it received to monitor an individual’s communications. And when police come looking for a warrant from a judge—one they may have already determined is likely to give them one—it’s their word against no one’s in that courtroom, as suspects certainly aren’t given a chance to defend themselves in that setting,” writes Charles Davis for VICE, September 16, 2014.