Police Give Overview On Drone Use

ORLEANS – Imagine you’re going about your business when you see a drone flying overhead. It stops for about 30 seconds, then flies away.

What do you do?

“Can you throw something at it?” asked Orleans Police Lt. Andrew McLaughlin in his presentation to the select board July 1. “Can you take it out of the sky? Can you throw a net at it? Knock it out?”

“You can’t do that, because it’s considered an aircraft,” he continued. “So now you’re destroying or damaging or taking away an aircraft as far as the FAA (Federal Aviation Administration) is concerned.”

McLaughlin gave an overview on drone activity in town, as well as the ins and outs of how they can and can’t be operated, to the board earlier this month. He said while drone activity is not common (two or three calls in the last few years, by his estimation), the department does field questions about drones and their usage from the public.

Drones, small unmanned aircrafts that are operated by remote control from land, are increasingly being used both recreationally and commercially. But for many, there’s a suspicion that sometimes arises from others about their use, Police Chief Scott MacDonald told the board. He said drone use has not been identified as a topic of concern by local police chiefs on the Cape, but added that calls do come in about them.

“Every once in a while we’ll get the call about ‘I was laying out by my pool and there was a drone hovering around. What can I do about that?’ So if there’s ever any question, always call us,” he said.

The cost of a drone can range from less than $45 for beginner recreational models to tens of thousands of dollars, depending on technology associated with them. While easy to purchase, there’s a lot to know about how to safely and legally operate them. McLaughlin said commercial drones weighing more than .55 pounds must be registered with the FAA for a small fee of just $5 every three years. Recreational drones do not require federal registration, but operators must complete and pass a short safety test through the FAA.

McLaughlin said that drones must be operated in a “Class G” airspace of 400 feet or less. In the vicinity of an airport, the threshold drops to 200 feet or less. They also must remain in the operator’s line of sight and must yield to manned aircraft, he said.

All drones made in 2023 or later have a remote ID, which allows federal officials to monitor and track their use.

“When I say they know, the FAA knows who’s flying where,” he said.

Drones can be operated at night with the appropriate anti-collision lighting, McLaughlin said. They cannot be disabled, as they are considered aircraft by the FAA, he said.

Operators cannot land drones on private property without a property owner’s consent, McLaughlin said. In Orleans, drones may not be operated from Nauset Beach between April 1 and Labor Day, due to the beach’s proximity to the Cape Cod National Seashore. There are no restrictions limiting the use of drones at Skaket Beach, however.

So in what cases might local police have jurisdiction over drone activity? McLaughlin said police could get involved if the use of a drone might constitute harassment, voyeurism or wiretapping, where microphones or cameras are used to pick up conversation without consent.

“If I’m stopping, now I’ve got the camera down, I’m zooming in on you in your backyard, I do it day after day, I’m flying lower and lower, I’m circling around recording, I’m now taking audio, I’m hearing what you’re saying…that’s when the police department gets involved,” he said.

There are also fine lines delineating who has jurisdiction over airspace, McLaughlin said. While a property owner has ownership of the airspace above their property, he said that space is controlled by the FAA.

“You’re allowed to fly a drone over somebody’s house,” he said. “Just so we’re clear on that. You’re allowed to do that because they don’t control that. The FAA controls that.”

The FAA operates a “drone zone” website that gives guidance over specific areas that are OK for drone use and others that might be subject to “temporary flight restrictions.” McLaughlin said pending legislation would govern how drones can be operated in school zones, as well as the use of foreign-made drones and the use of weapons on drones.

Meanwhile, police might utilize drones for the purposes of accident reconstruction, search and rescue operations and social media. MacDonald said drones are an example of how quickly technology continues to evolve in law enforcement. Beyond drones, he pointed to the use of cameras and software that utilize artificial intelligence to capture license plates and vehicle makes and models.

“It is a tremendous asset for law enforcement,” he said. “But you have to look at it from the other angle. The expectation of privacy, Big Brother is watching. Where is that balance?”

MacDonald said technology available to police will continue to advance by “leaps and bounds” in the next five to 10 years, and that he anticipates that Orleans “will move in that direction.” But only when the town is ready, he said.

“There needs to be community discussions in this,” he said.