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Division approves bill to limit police use of aerial drones

Dakota County Sheriff Tim Leslie testifies on HF1236, sponsored by Rep. John Lesch, left, which would restrict the use of unmanned aerial vehicles (drones) by law enforcement agencies. Photo by Paul Battaglia
Dakota County Sheriff Tim Leslie testifies on HF1236, sponsored by Rep. John Lesch, left, which would restrict the use of unmanned aerial vehicles (drones) by law enforcement agencies. Photo by Paul Battaglia

These days, it seems like there are police cameras everywhere.

One legislator wants to be sure that if cops operate aerial drones with cameras, they must first get search warrants and follow rules to protect data privacy. And drones “may not be equipped with weapons.”

Sponsored by Rep. John Lesch (DFL-St. Paul), HF1236 was approved by the House Judiciary Finance and Civil Law Division Wednesday and sent to the House Public Safety and Criminal Justice Reform Finance and Policy Division. Its companion is SF1430, sponsored by Sen. D. Scott Dibble (DFL-Mpls), which awaits action by the Senate Judiciary and Public Safety Finance and Policy Committee.

“This is a new technology that vastly expands the surveillance of the public who may or may not be involved in any criminal activity,” said Lesch, the division chair.

House division OKs bill restricting law enforcement drone surveillance 2/27/19

The bill would allow law enforcement to deploy a drone without a search warrant “in an emergency situation that involves a reasonably likely threat to the life or safety of a person.”

Law enforcement has some concerns that the bill may impede legitimate drone use that does not violate data privacy or should not require a warrant, said Dakota County Sheriff Tim Leslie. He said drone surveillance should follow rules similar to those used when the state patrol, for example, sends up a helicopter to photograph crash scenes.

Drones “fit with our mission,” he said, adding rules for the department’s use of their three drones have been vetted by a citizen’s advisory committee. “We never surveil people. That is not in our policy.”

The top three reasons his agency uses drones are crime or crash scene photography, searching for people reported missing, and searching for crime suspects, he said.

Ben Feist, legislative director of the ACLU of Minnesota, likes the due process protections in the bill.

“Simply put, drone surveillance turns on its head the American principle that we don’t watch innocent people just in case they do something wrong,” he said.

The bill would establish notice and reporting requirements and regulate the use, storage, and disclosure of information gathered by drones. It’d also create a civil cause of action for those who are aggrieved by violations of the law.


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