North Carolina weighs search warrants before use of drones

While dressed as a drone with cardboard rectangles for wings in Polk Place on Wednesday, David Deerson asked passersby to play “Pin the Drone on the Warzone” — a game similar to a childhood favorite, but with a darker tone.

Deerson, a senior at UNC and co-president of Young Americans for Liberty, said the presentation aimed to educate students about the use of unmanned aerial vehicles, or drones.

A 13-hour filibuster earlier this month by U.S. Sen. Rand Paul, R-Ky., which referenced the use of drones on American soil, sparked concerns about drones at the state and local level.

These drones, which often have different capabilities than military-style aircraft and could be used by local police departments for investigations and evidence gathering, are not currently regulated in North Carolina.

But a bipartisan bill — known as the Preserving Privacy Act of 2013 — filed at the N.C. General Assembly last week would place restrictions on drone use.

The bill would require a search warrant before using a drone in an investigation. It was sent Monday to the House of Representatives’ committee on rules, calendar and operations.

Rep. Duane Hall, D-Wake, one of the bill’s primary sponsors, said the issue for him was following the Fourth Amendment.

“What I don’t want is for authorities to think that if they have this new technology they can go on a fishing expedition,” he said.

Hall said the bill won’t create new hurdles for police departments using drones.

“In my opinion this is a tool for policemen as well, because it’s going to ensure that any evidence they collect is going to be admissible in court,” he said.

Gaston County’s Police Department purchased a drone — Cyber Defense Systems’ CyberBug — in 2006 for $29,980 with drug asset forfeiture money, but the drone is not currently in operation.

Capt. W.S. Melton, support service commander for the Gaston police, said they originally purchased the drone for operations such as locating lost persons and providing aerial surveillance.

But the department hasn’t found a practical use for the drone in five years.

“It doesn’t meet any law enforcement mission that we would have,” Melton said.

Mike Meno, communications director for the North Carolina chapter of the American Civil Liberties Union, said safeguards should be established now because technology tends to outpace regulations.

“The concern about individual privacy is something that everyone agrees is important,” he said.

Deerson said he’s skeptical of how effectively the new bill will protect privacy.

Still, Hall said the bill would lead to a misdemeanor charge for police departments that retain drone data collected without a search warrant.

“I want them to be used properly if law enforcement does start to use them as a tool to investigate or gather evidence,” he said.

Contact the desk editor at state@dailytarheel.com.