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Police With a Drone Don’t Need a Warrant in North Dakota

Written by Gary North on August 3, 2012

In North Dakota, a judge has refused to toss out a case where a farmer says he was arrested as a result of information supplied by a drone.

The drone was supplied to local authorities by the Department of Homeland Security.

It seems that some cows had wandered onto the man’s property. He refused to return them.

These were terrorist cows. The nation’s security was at stake. So, the DHS took decisive action.

The drone — called a UAV — was used for surveillance. The local SWAT team wanted to know where the farmer was at all times.

The drone had nothing to do with the cows, the police now say.

Then why did the DHS lend the police the drone?

The police had thought through this matter. So, they arrested him for terrorizing. Also criminal mischief. That was why they tasered him.

The farmer’s lawyer says that the authorities used the drone rather than get a warrant issued by a judge.

The prosecution, however, argued that the drone was used only after arrest warrants had been issued, and that they were not used to gather evidence, but only to ensure the safety of the SWAT team that was about to raid the farm.

Unmanned surveillance aircraft were not in use prior to or at the time Rodney Brossart is alleged to have committed the crimes with which he is charged,” State prosecutor Douglas Manbeck wrote.

Then why was it used at all? What stake did the DHS have in all this?

A draft bill has been introduced by a House member to prohibit the use of drones without authorization with a warrant. Problem: What Constitutional authority does Congress have over local law enforcement? Technically, Congress has control over the DHS. Technically, it has authority over the Federal Reserve, too.

Congress has asked the Federal Aviation Authority to draw up rules to integrate drone use into the domestic airspace by 2015. The agency is set to start issuing licenses for police and emergency services drones this month. It has already authorized the use of pilotless Predator drones in the airspace above nearly 10,000 acres in North Dakota.

The US Army is also hoping to station drones on military bases throughout the nation after obtaining certification from the FAA.

The problem with unmanned drones is that the pilots have no skin in the game. This kind of incident takes place.

In Texas, the Montgomery County Sheriff’s Office obtained a pilotless Shadowhawk helicopter in hopes of eventually equipping it with weapons such as flares, smoke grenades, tasers and rubber bullets that could be used to subdue a crowd. However, that UAV crashed into a SWAT van during a photo op, raising the important issue of safety in a crowded urban environment.

What’s a police department to do?

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15 thoughts on “Police With a Drone Don’t Need a Warrant in North Dakota

  1. I guess that to prove the farmer was an Al Quaeda terrorist, they had to get proof he was having sex with the cows.

    Pay attention to attacks on farmers. The U.S. government is trying to do what Stalin did — drive out or kill all independent farmers in order to collectivize agriculture. With the feds in charge of food production and distribution, guess what will happen to anyone who disagrees with them about whether a public toilet seat should have a split in the front or not? Yeah, that's right. They'll make sure that he starves for the treason of not kow-towing to unelected, incompetent, megalomaniacal bureaucrats.

  2. sean murry says:

    New world order move along folks.

  3. Bubba Tim says:

    What the story didn't tell you was the Sherriff first came out witha warrant but was chased off the farm by 3 armed men. That is when they came back with the drone and swat teams. I don't like the idea off drones spying on folks, but in this case, I can see using it.

  4. Daniel Vaughn says:

    There is NO Reason to use a drone, in any cituation ! Personally , I'm going to be 'Shooting' at a deer that was flying over my property !

  5. Public_Citizen says:

    A start on protecting our rights as citizens from assault by drone.

    1. Require that all drone operators hold a current valid multi-engine aircraft license, including a current physical.
    2. Require all drones operated in a states airspace have a current "tax stamp" style license. The model for this is the tax stamp required for possession of marijuana under the original Federal Law.
    3. Any drone and the ground station operating it, complete with any support facilities, not in compliance with both of the above should be subject to immediate confiscation and destruction.
    4. Require a full written FAA flight plan for each and every flight. Any information gathered by a flight without proof of the FAA flight plan, in the form of an FAA receipt and a full and complete copy of the flight plan, is legally inadmissible in any court for any purpose and all copies must be destroyed on demand of any citizen. Possession of the above described information or any information derived from the above referenced is a Class II Felony.
    5. Any operator operating a drone not in compliance with all of the above provisions to be liable for any and all civil damages for unlawful trespass and any criminal or civil prosecution relate-able to the trespass.
    6. Drone operators may not be sworn law enforcement officers and are specifically excluded from the protection afforded by shield laws.

    In this case if the sheriff dotted all the Is and crossed all the Ts in support of the warrant the flight would be a go.
    This is put out there as a basis for rational discussion, not as a fully formed plan.

  6. The land of the free, right folks?

  7. bobs36hotrod says:

    Just Remember to Vote NOV 6 2012. Get rid of all the Crooks, and Thieves. Remember, everything starts at the top. If you want real CHANGE, time to Vote REPUBLICAN. If not, AMERICA is LOST !~
    BOB

  8. icetrout says:

    If it fly’s,it die’s 🙂

  9. The governments next step will be to place camera's in every home and Auto and truck except those belonging to a police officer and all government employees! We have to many camera's and electronic toys in the hands of Police and other government Crooks! Before long no citizen [ except the special ones above] will be able to scratch,bathe or have sex with their spouse without the government recording it! What is really sad is we have so many citizens who are too stupid to object to it and who have no problem being spied on and becoming slaves to the police and government! People need to start to shoot down every camera and or drone they can and maybe the point will get across to the police and other government people! Any camera's used by the police are either used to make money [ not save lives] as they lie about or they are used to violate someone's civil rights! Police and government officials do not like citizens having civil rights!
    Something else I find strange when a citizen video's a police officer breaking the law and violating someone's civil rights it's never enough to have them arrested,fined and or jailed, but if it's the police doing the video it's all that is needed! Also red light camera's take pictures of tags and the owner pays the fine even though the picture does not show who is driving! Why is that? Police and red light camera's are only to allow the police to break the law and abuse peoples civil rights and steal their money! It's hard to believe we have so many citizens who are Cowards and roll over and allow this to happen! To make police jobs easer another thing they will do it film a car used in a robbery and or other crime then arrest the owner because it's their car that was filmed! I know people who can steal your car while you are working and or asleep use it for a crime and or run a red light then bring it back without you knowing it and let you pay the fines and or go to jail! Why do we allow that? It's just another way for police to violate civil rights and rob people and get away with it!

  10. its like being in hll,if you want to know the truth one day theyll show up at your door step and say your under arrest for sitting on your toilet at midnight,heres my thought its fn retarted folks just plain stupid how we have become.its a cow and they called it a terrorist are we really this stupid,

  11. If the Sheriff was chased off instead of calling for back up then he is a B*LL L*SS Sheriff and needs to work at cleaning Sheriff's bath rooms. Around here if you even have a gun in your hand [ loaded,unloaded,pointing at police or pointed at the ground or even pointed at your own head, the police are not going to stop till you are dead and wont use a drone! Also they don't care if you are a child,adult, a little old grannie or grand paw 98 years old unable to pull a trigger or using a toy gun they are going to kill you! It's strange police seeing you with a gun pointing at your own head will kill you to keep you from killing yourself,seems the police will not be denied the chance to kill someone! Screw police camera's and or drones! Drones are for war not killing our own citizens!

  12. I agree with you and sure hope our U S Citizens start to get their B*LLS BACK and stop this crap!

  13. Government makes all the laws and always have their own ways around any laws! I say shoot them down! Mistake them as another countries spy that scared you!

  14. It's only free until we give up all of our rights to the government and or as long as we allow criminals to serve in our government, Obama,Reid,Pelosie,Hillery and to may others to name! We need short term limits and ten year wait between terms and a law that allows us to kick them out quick when they break the law and be sure that all laws passed applies to EVERY U S CITIZEN in or out of government!Stop allowing Drones in the U S A and only be able to use use camera's with other proof to get a conviction! Camera's now are used anyway the wish and are only for violating Citizens Civil Rights and stealingt their money!

  15. This website is the perfect example of Not looking for the other side of the story." You select the tidbits that fit your agenda and don't look for anything else that might contradict your agenda and this in turn discredits your agenda. That is sad becasue I support the core values of the tea party but many of you hear are giving the Libtards the fuel to torch the Tea Party credibility.
    Look here: http://www.grandforksherald.com/event/article/id/
    A man's cows got loose, this happens all of the time. The man knew they were on Brossarts farm. The police obtained a search warrant to look for the cows(All of this was legal and done without drones). When they arrived, 5 members of Brossart's family confronted the police with guns. All of this information was left out of the grand conspiracy/big brother theory that was put forth here. Failing to tell the WHOLE truth is essentially lying or a perfect example of ignorance. Every story I've read on this site has more to it than was presented, a simple web search of the key words easily finds it. IF YOU WANT TO MAKE A DIFFERENCE, DO IT LEGITIMATELY SO YOU DON'T RUIN THE CREDIBILITY OF EVERYONE WHO IS TRYING TO MAKE THAT DIFFERENCE.