The use of unmanned aerial systems (UAS) by law enforcement agencies has evolved from a novelty to cutting-edge technology and may very well become a standard equipment expectation in the near future. As of May 2018, research by the Center for the Study of Drones at Bard College indicated that 599 law enforcement agencies in the United States were utilizing UAS.¹ When the New York City Police Department announced their UAS program in December of 2018, Chief of Department Terence A. Monahan stated, “Drone technology will give our cops and their incident commanders an opportunity to see what they’re getting into before they go into harm’s way. For this reason alone, it would be negligent for us not to use this technology.”² While Monahan was referring to the officer safety benefits of UAS technology, his statement is also applicable to the value UAS can bring to the investigative aspects of police work. A time may come when not utilizing UAS as an investigative tool is also considered negligent.

Although the cost of procuring, operating, and maintaining UAS is significantly less than that of manned aircraft, UAS will never fully replace manned aviation. However, UAS can be used as an alternative or supplement to an agency’s manned aircraft capabilities, depending on the specifics of the use case and the environment. In numerous types of investigations, UAS can be used in conjunction with manned aircraft as a force multiplier. As long as communications are well established and airspace is deconflicted, manned aircraft pilots and UAS pilots can work together to improve the probability of success. UAS can operate at a lower altitude and have the ability to access areas that may be inaccessible to manned aircraft, while manned aircraft can often provide a greater overview as they can cover a much larger area at a higher altitude.

Investigative Use Cases for UAS

UAS have already proven to be a valuable resource in a number of investigative use cases. One of the most common types of cases in which the technology is used is missing person investigations. Operators can utilize a UAS to quickly search all types of terrain, reducing the amount of searching that needs to be done by personnel on the ground, which can also lead to fewer injuries. In instances where a UAS operator locates a missing subject, the UAS can be used to guide personnel on the ground to the exact location of the suspect or can assist K9 units in establishing a track.

It is important to keep in mind that the purpose for which the UAS mission is initiated may evolve. What began as a missing person investigation may wind up being a homicide investigation. The imagery that was captured to assist in locating the missing subject may now be evidence in a homicide investigation and needs to be handled in accordance with the evidence collection, preservation, and chain of custody procedures that the agency already has in place.

Another common use of UAS is collision reconstruction investigations. The major benefits of utilizing UAS in collision reconstruction are time and cost savings when compared to traditional accident reconstruction methods, both benefits that the general public is likely to embrace. There are a number of software options that allow a UAS to fly an autonomous mission to capture imagery at an accident scene, which is then processed to create maps and three-dimensional models. Over the course of a year, the New York State Police used both traditional mapping techniques and UAS to compare the accuracy and duration of each method. Preliminary analysis of this data has shown a 75–80 percent reduction in mapping time, greatly reducing the duration of road closures, while maintaining the accuracy of traditional mapping methods.³

Forensic investigations units can also reap the same benefits when documenting outdoor crime scenes. The high-quality cameras that are now standard on most UAS not only provide the type of photographic and video evidence that can aid in securing a conviction, but, in some scenarios, UAS can also identify evidence that may otherwise have been missed. Mapping software can be utilized in conjunction with UAS to create both two- and three-dimensional maps of crime scenes in a fraction of the time required when using traditional methods.

Before investing in a UAS with the expectation of using it for mapping applications, it is important to understand the costs associated with the software and hardware requirements needed to produce the desired finished product. Agencies must ensure that they account for the costs of acquiring licenses for reputable mapping software as well as the potential requirements for computers with greater processing capacity. Simply purchasing a UAS with the capability to capture the necessary imagery will not secure the full benefits of this technology without the proper software and hardware to properly process the imagery.

UAS can be utilized in any number of active investigations, whether to locate fleeing suspects or to locate evidence associated with a crime. Due to technological advances in the UAS industry, high-powered zoom cameras and thermal imaging cameras are now available on a number of UAS models. These tools greatly increase the capabilities of UAS, and some law enforcement agencies are already utilizing this technology in securing evidence and apprehending suspects.⁴

UAS have also been used successfully in tactical situations, such as active shooter incidents and barricaded subject incidents, whether they involve subjects who are suicidal or are criminals. UAS can be used to provide overwatch during such incidents, and there are options for flying a UAS inside of a building to gain situational awareness prior to sending personnel into harm’s way. Some UAS are small enough to enter a building through a breached window, allowing suspects to be located or buildings to be cleared prior to entry. The potential lifesaving benefit of this technique is obvious and the primary concern; however, the cost-saving benefits are substantial as well. Locating a deceased subject in a residence with a UAS can potentially save hours of overtime, potentially paying for the UAS in a single incident.

Other scenarios that are not traditional investigations, yet still important law enforcement tasks, include monitoring major events and large crowds. UAS can provide a vantage point that allows law enforcement to watch for dangerous conditions or unruly behavior as well as to plan for pedestrian and vehicle ingress and egress. The video feed from the UAS can be transmitted to a command post via an HDMI cable or streamed wirelessly, providing valuable intelligence to incident commanders and decision makers.

UAS have also been used by law enforcement agencies in response to natural disasters such as floods, hurricanes, tornadoes, wildfires, and even volcano eruptions. They can be used to assess damage in locations that cannot be reached on the ground due the severity of the damage. They can also provide valuable imagery to emergency management personnel from a viewpoint that cannot be obtained using traditional video and photography equipment, and again, the unique abilities of UAS to fly in tighter spaces at a lower altitude than manned aircraft can prove beneficial in these instances.

UAS can also be used proactively, rather than strictly as a responsive tool. Obtaining aerial imagery and creating maps to assist in the development of school emergency response plans, prison escape plans, or security plans for major events are just a few examples.

Considerations for Implementing a UAS Program

As the use of UAS expands, not only in law enforcement but in numerous arenas, they are becoming far easier to acquire. An agency could decide to implement a UAS program today and have one delivered to their door within two days. This temptation should be avoided, as there are many steps that should be taken prior to procurement when developing a UAS program. There are many decisions that need to be made, as well as policies and procedures that need to be developed prior to integrating UAS into the mission of an agency. Addressing these critical factors prior to procurement will not only make the operation more efficient, productive, and safe, it will also aid in the procurement decision-making. These factors include

• • • program structure,
    • UAS regulations,
    • training,
    • privacy and data retention policies, and
    • staffing and responsibilities.

The structure of the program needs to be developed, including who will be authorized to operate the UAS, whose authority is required to approve a UAS mission, who will be responsible for inspecting and maintaining the equipment, and how the agency will track each flight.

For U.S. law enforcement, a thorough understanding of Federal Aviation Administration regulations needs to be developed, and decisions need to be made as to how the agency will comply with these regulations. An agency must understand the difference between operating under a Certificate of Authorization or under a Part 107 license, and a decision must be made regarding under which authority the program will operate.⁵ (Agencies outside the United States should check for regulations issued by their countries’ aviation departments.) Initial training needs to be developed or outsourced, as do in-service and currency training.

Policies regarding privacy and data retention must be established. There currently is no established case law that specifically addresses the reasonable expectation of privacy from the air in regard to UAS. The agency’s privacy policy must address whether it is willing to accept the expectation of privacy rulings as they relate to manned aircraft or whether the agency will take a more conservative approach, understanding that negative case law will have an adverse effect on all law enforcement agencies’ abilities to use UAS moving forward.

Staffing decisions also need to be addressed prior to developing a program. Will a new specialty unit be created, or does UAS fit within the purview of an existing unit? Will UAS responsibilities be added to the workload of personnel, or are full-time positions warranted? Will the UAS be centrally located and available for use by a number of operators, or will individuals be assigned a UAS to carry on patrol with them? Regardless of the answers to these questions, a plan should also be in place that allows for the evolution and growth of the program. Many agencies have found that the more UAS are used, and as more individuals see their capabilities, they continue to find additional ways to utilize them. This may lead to the need for additional equipment and personnel to carry out these new missions.

Once all of these decisions are made, an agency will be in a better position to begin selecting the proper equipment that fits the goals and expectations established for the program. UAS technology continues to rapidly evolve, and there are more choices than ever before. Significant research is warranted to ensure an agency is purchasing the right equipment for its program. Selecting the right UAS is only one portion of this process; it is also necessary to purchase appropriate accessories such as monitors, cases, chargers, and potentially software and hardware components or data management services.

Final Thoughts

Clearly, there is a great deal of time and effort required to establish a UAS program, and once established, maintenance, as well as growth, will demand additional investments in terms of time, money, and personnel. Regardless of how well an agency plans, unanticipated questions, uses and consequences are bound to arise. Fortunately, many public service agencies who were early adopters of this technology are willing to share their experience and knowledge. An informal network of sorts has developed among these agencies, which can be a valuable resource when beginning a program, and will continue to be of value once your program is up and running. Because even the longest tenured programs are still relatively new, there is a willingness to collaborate and share lessons learned and best practices. Collaborating with each other, whether in terms of legal considerations, use-cases, FAA regulations, training, equipment or software, will benefit every agency, and the importance of such collaboration should not be underestimated.

The use of UAS by law enforcement is still in its early stages, but there are substantial indications that it will continue to grow, evolve, and become more prominent. Law enforcement must be cognizant of privacy concerns associated with UAS that have been voiced by members of the public and ensure that they are being transparent about how UAS will be utilized and how the use of UAS will benefit public safety. As the UAS industry continues to advance, most, if not all, law enforcement agencies will consider embracing this technology. It is incumbent upon the leaders of these agencies to be well informed so that they can make the right decision as to whether or not UAS can improve their ability to carry out their mission.

Notes:

¹ Dan Gettinger, Public Safety Drones: An Update (Center for the Study of the Drone at Bard College, 2018).

² Ashley Southall and Ali Winston, “New York Police Say They Will Deploy 14 Drones,” New York Times, December 4, 2018.

³ Internal New York State Police data.

⁴ Teri Figueroa, “In Less than a Year, Chula Vista Police Drones Are Launched 1,000 Times, Assist in 130 Arrests,” San Diego Tribune, October 10, 2019; Tony Hult, “Daytona Police for 1st Time Use Drone to Track Down Burglary Suspect,” Daytona Beach News-Journal, August 1, 2018.

⁵ Federal Aviation Administration, “Operate a Drone, Start a Drone Program,” February 14, 2019.

Please cite as:

Mark Fisher, “Adding UAS to the Investigative Toolbox,” Police Chief Online, February 5, 2020.