Community Policing & Unmanned Aircraft Systems (UAS) Guidelines to Enhance Community Trust Maria Valdovinos James Specht Jennifer Zeunik This project was supported by cooperative agreement number 2013-CK-WX-K002 awarded by the Office of Community Oriented Policing Services, U.S. Department of Justice. The opinions contained herein are those of the author(s) and do not necessarily represent the official position or policies of the U.S. Department of Justice. References to specific agencies, companies, products, or services should not be considered an endorsement by the author(s) or the U.S. Department of Justice. Rather, the references are illustrations to supplement discussion of the issues. This document contains preliminary analysis that is subject to further review and modification. It may not be quoted or cited and should not be disseminated further without the express permission of the Police Foundation or the U.S. Department of Justice. Any copyright in this work is subject to the Government’s Unlimited Rights license as defined in FAR 52-227.14. The reproduction of this work for commercial purposes is strictly prohibited. Nongovernmental users may copy and distribute this document in any medium, either commercial or noncommercial, provided that this copyright notice is reproduced in all copies. Nongovernmental users may not use technical measures to obstruct or control the reading or further copying of the copies they make or distribute. Nongovernmental users may not accept compensation of any manner in exchange for copies. All other rights reserved. The Internet references cited in this publication were valid as of the date of this publication. Given that URLs and websites are in constant flux, neither the author(s) nor the COPS Office can vouch for their current validity. Recommended citation: Valdovinos, Maria, Specht, James, and Zeunik, Jennifer 2016. Community Policing & Unmanned Aircraft Systems (UAS): Guidelines to Enhance Community Trust. Washington, DC: Office of Community Oriented Policing Services. Published 2016 ii iii Contents Letter from the Director vii Acknowledgements viii Executive Summary 1 I – Background 3 Police Foundation/COPS Office Community Policing and UAS Project . 3 Chapter 1 5 Community Policing and UAS 5 Summary . .6 Chapter 2 7 UAS Terms and Technology 7 UAS technology . 7 sUAS features . 7 Choosing a sUAS . .8 Evolving technology . .9 Usage of the terms drone, UAS, and sUAS . 10 Summary . 11 Chapter 3 12 Evolution of UAS 12 Military use of UAS . 12 Commercial use of UAS . 12 Summary . 13 Chapter 4 14 UAS Cost-Benefit Research 14 Cost-benefit research . 14 Comparing manned and unmanned aircraft units . 14 Comparing costs based on mission . 15 Tools for conducting UAS cost-benefit esearr ch . 15 Cultivating funding for UAS acquisition . 15 Summary . 16 Chapter 5 17 UAS and Law Enforcement 17 Police-community partnerships . 17 Benefits of UAS . 17 iii Community Policing & Unmanned Aircraft Systems (UAS) Challenges in implementation . 19 Responding to increased use of UAS in the community . 19 Summary . 21 II – Legal and Regulatory Analysis 22 Chapter 6 Constitutional Law 23 Summary . 25 Chapter 7 State Legislation 26 Summary . 27 Chapter 8 Federal Aviation Administration Regulations 28 Summary . 29 Chapter 9 Community Concerns & Liability 30 Accountability: a key component of community policing. 32 Summary . 32 III – Determining Whether Your Community is Ready for UAS Technology: Conducting a Needs Assessment 33 Chapter 10 Building Dialogue with the Community and Stakeholders 34 The community’s role in the sUAS program . 34 Final determination of need . 37 Summary . 37 Chapter 11 Developing an Operating Plan 38 Components of the plan. 38 Recommended standards for UAS operations. 39 Summary . 39 IV – sUAS Program Planning 40 Chapter 12 Developing Departmental UAS Policy, Procedures, and Guidelines 41 Checklist for developing UAS policy and procedures . 41 Prohibitions . 42 U.S. Department of Justice guidelines for Federal law enforcement use of UAS . 43 Summary . 43 Chapter 13 Staffing and rainingT the sUAS Team 44 Staffing . 44 Chain of command . 45 Training . 45 Summary . 45 Chapter 14 Leveraging the Media to Communicate with the Community 46 Traditional media & UAS . 47 Social media & UAS . 47 Summary . 48 iv v V – Program Implementation 49 Chapter 15 Program Implementation and Evaluation 50 Program implementation . 50 Community engagement during implementation. 50 UAS operations . 51 Program evaluation . 51 Summary . 52 Chapter 16 Ongoing Community Engagement 53 Summary . 54 VI – Conclusion 55 Notes on Research Methods 56 Appendix 1 UAS Cost-Effectiveness Issues 57 Appendix 2 Summary of UAS Legislation 58 Appendix 3 Checklist for Planning and Implementation of a Law Enforcement sUAS Program 63 Conduct background research . 63 Conduct a needs assessment . 63 Planning and preparation . 63 Implementation and maintenance . 64 Appendix 4 Sample Press Release 65 Appendix 5 Mesa County (Colorado) Sheriff’s Office UAS FAQs 66 Appendix 6 Arlington (Texas) Police Department UAS FAQs 70 Appendix 7 Arlington Police Department UAS Use Report 72 Appendix 8 International Association of Chiefs of Police (IACP) 2012 UAS Guidelines 77 Appendix 9 Federal Aviation Administration (FAA) Law Enforcement Guidance for Unauthorized UAS Operations 80 Appendix 10 Sample Privacy Impact Assessment 92 Appendix 11 UAS Legal Memoranda 112 Overview of UAS/UAV Technology and Regulation; Analysis of Police Use of UAS/UAV Systems Under U.S. Constitution and Case Law . 112 Legal Analysis of UAV-Collected Data: Notice, Retention, Use . 151 Police Use of UAVs: Liability Analysis and Risk Management Considerations . 174 Overview of UAS/UAV-Related State Legislation. 186 Building Public Understanding, Acceptance, and Confidence in Responsible and Constitutional Use of UAS Technology by Law Enforcement . 211 UAS/UAV Related Publications, Law Review Articles, Research, and Peer Review Sources . 217 Appendix 12 Mesa County (Colorado) Sheriff’s Office UAS Standard Operating Procedure 232 Appendix 13 Arlington (Texas) Police Department UAS Standard Operating Procedure 247 v Community Policing & Unmanned Aircraft Systems (UAS) Appendix 14 Department of Justice Policy Guidance 261 Appendix 15 International Association of Chiefs of Police (IACP) sUAS Concepts and Issues Paper and Model Policy 266 Appendix 16 International Association of Chiefs of Police (IACP) Technology Policy Framework 273 Glossary 284 References 285 About the Police Foundation 292 About the COPS Office 292 vi vii Letter from the Director Dear Colleagues, Implementing a significant advancement in law enforcement technology – unmanned aircraft systems (UAS) – is not a simple process. Though these systems, commonly known as drones, offer immeasurable tactical benefits, they also require a great deal of preparation, training, and community involvement in the guidelines for their use. As the authors point out, UAS could one day become the “Airborne Partners” of every public safety officer. But this cannot happen unless the public trusts that these airborne technologies are also their partners, working for the benefit of all. To help law enforcement departments decide whether to adopt this technology and assist them in successfully implementing it if they do, the Police Foundation has developed this handbook, Community Policing & Unmanned Aircraft Systems: Guidelines to Enhance Community Trust, as a comprehensive guide to all aspects of drone use for law enforcement, including not only operational, but training, funding, legal, and regulatory considerations. This publication focuses on community concerns, privacy, and civil rights issues, which from the beginning must be factored into the decisions, policies, and procedures to implement this technology. People must believe that drone usage not only will make them safer, but that the equipment will not make it easier to violate their civil liberties—or crash into their homes. Communicating these messages requires transparency about the risks and efforts to reduce them, as well as collaboration with civic organizations, other public safety agencies, and the local media. Drones can perform search and rescue operations in much less time than ground-based teams and provide enhanced situational awareness during dangerous operations. Despite these tactical benefits, the public is very wary of them, with widespread worry about “spying,” unwanted surveillance, and misuse of data collection, as well as safety concerns during flight. The COPS Office hopes that this handbook will assist law enforcement agencies and the communities they serve in making informed, collaborative plans for the use of the UAS technology. Sincerely, Ronald L. Davis Director Office of Community Oriented Policing Services vii Community Policing & Unmanned Aircraft Systems (UAS) Acknowledgements This report was made possible through the Detective Lieutenant Stuart Greer, Morristown leadership of the Office of Community Oriented (New Jersey) Police Department, Mid-Atlantic Policing Services, U.S. Department of Justice, Regional Focus Group particularly from Ronald L. Davis, Director; Debra R. Cohen-McCullough, former Senior Sheriff (Ret.) Rod Hoops, San Bernardino Social Science Analyst; Deborah L. Spence, (California) Sheriff’s Department, Southern Supervisory Social Science Analyst; and California/West Coast Regional Focus Group John H. Kim, Social Science Analyst. Additionally, the Police Foundation would like to The Police Foundation would like to recognize recognize the following individuals who served that this work would also not have been possible on the advisory board for this project for their without the cooperation of the Arlington (TX) Police invaluable expertise, insights, and commentary Department, especially Chief Will Johnson, and during the advisory board meeting held in June the Mesa County (CO) Sheriff’s Office, especially 2014 and throughout the.