Judge Napolitano Agrees: Shoot Down Drones in the US

Judge Andrew Napolitano has repeated the words of Charles Krauthammer:

The first American patriot to shoot down a drone will be an American hero.

Unless the president signs an executive order or a valid search warrant is obtained prior to the deployment of a drone, Judge Napolitano seems to feel that shooting down a drone is a patriotic act. How do you determine if the drone has been dispatched legally? Shoot first and worry about the consequences later may not be a good strategy against people but it may be an  effective strategy against an unmanned drone.

Did you ever think that we would be discussing type of action by the government against the people of the United States of America?

David DeGerolamo

Coming soon: Bigger drones

Public safety agencies are cleared to fly small drones under 25 pounds. (Credit: Aeryon Labs, Inc.)

Public safety agencies can now get expedited permission to fly drones weighing up to 25 pounds in U.S. airspace, according to new rules approved Monday by the Federal Aviation Administration.

The size of the craft was the most significant change made by the FAA in responding to a congressional mandate to integrate unmanned aviation vehicles into domestic airspace. In February, Congress passed legislation calling on the FAA to expedite approval for law enforcement and first responder agencies that want to use drones smaller than 4.4 pounds.

FAA officials decided to boost the size of the largest permissible public safety drone after meeting with federal, state and local law enforcement representatives, a spokesman said. The officials “determined that small unmanned aircraft systems under 25 pounds would be the most cost-effective, easiest to manage and overall most appropriate to carry out the various first responder missions.”

The decision opens up the market to American drone manufacturers seeking customers in the public safety sector, according to  Ben Gielow, general counsel for Association for Unmanned Vehicle Systems International, a trade group. An industry survey of drones under 4.4 pounds found 79 different models for sale by 54 companies, Gielow said. Now public safety agencies shopping for North American-made drones to fit the FAA regulations will be able to choose from 146 models  manufactured by 69 different companies. The larger drones will be able to carry more sensors to improve “situational awareness,” he said.

Missy Cummings, professor of aeronautics at MIT, says the larger vehicles “will be more maneuverable and stable in high winds. They’ll be able to get a clearer and steadier picture of whatever they’re looking at.”

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Condor
Condor
9 years ago

David-

Sorry, but the Judge is incorrect on this one, as I have already mentioned to you in person.

Warrantless searches by air are not protected by the 4th Amendment as long as you (government agent) are legally in a place where anyone else has the legal right to be.

You can review some of the following cases to better inform your readers. Just because the Judge makes a statement, does not make it true. This Judge’s statement was made to sensationalize the current atmospherics to his followers.

Case Law:

http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=476&invol=207

http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=476&invol=227

http://en.wikipedia.org/wiki/Warrantless_searches_in_the_United_States

Like I said, I personally have convicted people of contraband in which the evidence was observed from a legal aerial surveillance platform. I have always wondered why more of these drones have not been used till now. I suspect maybe it was simply the lack of availability back then. With all of the R&D of drone technology today as a result of the wars, I can assure you we will see more of this technology domestically in the years ahead because it’s more cost effective than using conventional aircraft.

If the people believe these methods to be too intrusive, then they should pass legislation against it, but shooting one down is a Federal Crime. For the Judge to encourage the shoot-down of a drone is irresponsible advice to his readers.

David
8 years ago
Reply to  Condor

“but shooting one down is a Federal Crime.”

Why? Source please

Ralph Fucetola JD
9 years ago

The good Judge does not imply that our privacy rights can be violated if the “president signs an executive order.” Rather, his point that there is no such order, which if it existed, might very well be illegal.
Flying over my property and spying on me without probable cause violates Constitutionally protected rights. In the common law, the landowner holds paramount rights, as the old Roman law had it, from the depths to the heavens.”