Drones Being Used in the United States to Gather Evidence for Prosecuting Criminal Cases

First Man Arrested With Drone Evidence Vows to Fight Case

Court must decide if police are allowed to use drones to help make arrests

The tiny town of Lakota, N.D., is quickly becoming a key testing ground for the legality of the use of unmanned drones by law enforcement after one of its residents became the first American citizen to be arrested with the help of a Predator surveillance drone.

The bizarre case started when six cows wandered onto Rodney Brossart’s 3,000 acre farm. Brossart, an alleged anti-government “sovereignist,” believed he should have been able to keep the cows, so he and two family members chased police off his land with high powered rifles.

After a 16-hour standoff, the Grand Forks police department SWAT team, armed with a search warrant, used an agreement they’ve had with Homeland Security for about three years, and called in an unmanned aerial vehicle to pinpoint Brossart’s location on the ranch. The SWAT team stormed in and arrested Brossart on charges of terrorizing a sheriff, theft, criminal mischief, and other charges, according to documents.

Brossart says he “had no clue” they used a drone during the standoff until months after his arrest.

“We’re not laying over here playing dead on it,” says Brossart, who is scheduled to appear in court on April 30. He believes what the SWAT team did was “definitely” illegal.

“We’re dealing with it, we’ve got a couple different motions happening in court fighting [the drone use].”

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