Federal Judge Dismisses Suit Against 'Drone Slayer'

[two_bit_score]

This case doesn't settle the question of 'can you shoot down a drone over your own property'. But there is some interesting information in it.


Judge rules in favor of “Drone Slayer,” dismisses lawsuit filed by pilot | Ars Technica

>>>As the consumer drone age has taken flight, legal scholars have wondered about this exact situation. If a drone flies over private property, is it trespassing? The short answer is that American courts have not addressed the question adequately. The best caselaw on the issue dates back to 1946, long before inexpensive consumer drones were technically feasible. That year, the Supreme Court ruled in a case known as United States v. Causby that a farmer in North Carolina could assert property rights up to 83 feet in the air.<<<<



TBS

 

[2LaneCruzer]

This case doesn't settle the question of 'can you shoot down a drone over your own property'. But there is some interesting information in it.


Judge rules in favor of “Drone Slayer,” dismisses lawsuit filed by pilot | Ars Technica

>>>As the consumer drone age has taken flight, legal scholars have wondered about this exact situation. If a drone flies over private property, is it trespassing? The short answer is that American courts have not addressed the question adequately. The best caselaw on the issue dates back to 1946, long before inexpensive consumer drones were technically feasible. That year, the Supreme Court ruled in a case known as United States v. Causby that a farmer in North Carolina could assert property rights up to 83 feet in the air.<<<<



TBS

I suspect he filed in federal court because he thought he stood some chance of establishing his right under federal law. If he files in state court, it is established law in most or all of the states that a land owner has the right to abate a private nuisance...and it seems more than likely, that the drone was causing a nuisance. Will be interesting to see how this plays out.

 

[ovrszd]

Not taking sides here. Just offering an opinion.

I bought a Drone a couple months ago. A very "intelligent", expensive Drone. I am very rural and don't fly over any populated areas.

FAA says I can't fly more than 400ft high. So when establishing the Drone's parameters I set the max altitude at 400ft. A week or so ago I changed the setting. I maxed it out at 2600ft. The Drone warned me twice that I was violating FAA standards for Drone flight height. I did it anyway.

Here's my reasoning. The other day I was flying over AG land and videoing my friend's planting operation. There were a couple houses nearby. To get to my target I had to fly near/over those houses. My Drone wouldn't exceed 400ft so if there were people outside they would definitely know I was flying by the sound I was creating at ground level. I might have been construed as intrusive. At 400ft someone on the ground would have to be a very good shot to take me down. But that's irrelevant to me. What I want to avoid is being intrusive to ANYONE. So I changed my Drone's flight limits.

Now if I have to fly near/over a dwelling I can go over at an altitude that would avoid any intrusion on anyone on the ground. The chances of them even knowing I'm around are diminished.

I'm intelligent enough to not get into small plane airspace when one is nearby. So I am imposing no risk to airplanes. I'm minimizing my intrusion on anyone on the ground. In my mind, it's a win-win.

Not trying to convince anyone. Just saying, as a Drone pilot, these are my thoughts.

 

[ovrszd]

Addition. I read the attachment. If I fly over your house at 400ft and 25mph and you can shoot me down with a shotgun, you are a really, really good shot.

In this case, I suspect the Drone was much lower and going much slower and probably hovering over property the pilot didn't own. He deserved to be shot down.

 

[TemporaryKubotaOwnerMark]

Addition. I read the attachment. If I fly over your house at 400ft and 25mph and you can shoot me down with a shotgun, you are a really, really good shot.

In this case, I suspect the Drone was much lower and going much slower and probably hovering over property the pilot didn't own. He deserved to be shot down.

Agreed. I got a chance to shoot at RC airplanes in the Army. When you have a company of infantrymen with M-16s and M-60 machine guns, and they can't hit an RC plan flying along their line at maybe 200 feet out, well, you learn that it's pretty hard to hit a moving aircraft.

 

[two_bit_score]

Addition. I read the attachment. If I fly over your house at 400ft and 25mph and you can shoot me down with a shotgun, you are a really, really good shot.

In this case, I suspect the Drone was much lower and going much slower and probably hovering over property the pilot didn't own. He deserved to be shot down.

Agreed. I got a chance to shoot at RC airplanes in the Army. When you have a company of infantrymen with M-16s and M-60 machine guns, and they can't hit an RC plan flying along their line at maybe 200 feet out, well, you learn that it's pretty hard to hit a moving aircraft.

My take from that article was that the 'drone slayer' and the pilot probably had some history. The shooter may have been lying in wait for a 'visit' from the drone.

How long will it be until we have counter attacking drones to take down the privacy invading drones?




TBS

 

[2ndhalf]

Addition. I read the attachment. If I fly over your house at 400ft and 25mph and you can shoot me down with a shotgun, you are a really, really good shot.

In this case, I suspect the Drone was much lower and going much slower and probably hovering over property the pilot didn't own. He deserved to be shot down.

Yeh, your safe at 400ft. from a shotgun. No shot is making that trip up and taking down a drone. A HP rifle is another story but that would be a very good shot unless you were hovering.

I bet a trained sniper would have a great chance at taking it down.

 

[2ndhalf]

My take from that article was that the 'drone slayer' and the pilot probably had some history. The shooter may have been lying in wait for a 'visit' from the drone.

How long will it be until we have counter attacking drones to take down the privacy invading drones?




TBS

Ha Ha, "My drone can beat up your drone"! :laughing:

 

[Oldoak]

Not taking sides here. Just offering an opinion.

I bought a Drone a couple months ago. A very "intelligent", expensive Drone. I am very rural and don't fly over any populated areas.

FAA says I can't fly more than 400ft high. So when establishing the Drone's parameters I set the max altitude at 400ft. A week or so ago I changed the setting. I maxed it out at 2600ft. The Drone warned me twice that I was violating FAA standards for Drone flight height. I did it anyway.

Here's my reasoning. The other day I was flying over AG land and videoing my friend's planting operation. There were a couple houses nearby. To get to my target I had to fly near/over those houses. My Drone wouldn't exceed 400ft so if there were people outside they would definitely know I was flying by the sound I was creating at ground level. I might have been construed as intrusive. At 400ft someone on the ground would have to be a very good shot to take me down. But that's irrelevant to me. What I want to avoid is being intrusive to ANYONE. So I changed my Drone's flight limits.

Now if I have to fly near/over a dwelling I can go over at an altitude that would avoid any intrusion on anyone on the ground. The chances of them even knowing I'm around are diminished.

I'm intelligent enough to not get into small plane airspace when one is nearby. So I am imposing no risk to airplanes. I'm minimizing my intrusion on anyone on the ground. In my mind, it's a win-win.

Not trying to convince anyone. Just saying, as a Drone pilot, these are my thoughts.

Reads like typical case of "the laws don't apply to me".

 

[ovrszd]

Reads like typical case of "the laws don't apply to me".

Reads more like "I don't want to be an intrusion". But you can interpret it any way you like.