Are Drones Changing the Boundaries of Your Privacy? | They Don't Teach You That in Law School

Lawyer Talk: Off the Record

Drone Surveillance and Fourth Amendment Rights

On the latest episode of Lawyer Talk, host Steve Palmer, along with law students Troy Hendrickson and Bella Mata, talk about the evolving legal landscape around drone technology and its implications for privacy under the Fourth Amendment.

As drones become more accessible and commonplace, their use in surveillance, especially by the police, raises new legal challenges and questions.

Here are some key takeaways from our discussion:

Reasonable Expectation of Privacy

• The application of Fourth Amendment rights hinges on whether individuals have a reasonable expectation of privacy. The use of drones introduces complexities, as they're less noticeable compared to helicopters, creating a challenge in assessing privacy violations.

Legal Precedents and Modern Technology

• Historical legal cases like California v. Cirillo (1986) and Florida v. Riley (1989) set precedents concerning aerial surveillance. However, the modern use of drones calls for a reevaluation of these precedents to accommodate technological advancements.

Property and Trespass Implications

• While drones offer new possibilities for surveillance, their use raises questions about trespassing and the extent to which individuals can protect their property. Debate continues on whether individuals should use force against intrusive drones without facing legal repercussions.

As technology evolves, the dialogue around privacy rights needs constant attention.

Key Moments

00:00 Discussing Drones: Then and Now

04:21 Supreme Court Ruling: Aerial Privacy Limits

08:59 "Privacy in Junkyard Murder Case"

10:38 FAA Regulations & Fourth Amendment Debate

15:42 Drone Curtilage and Legal Precedents

16:43 Drone Surveillance and Privacy Concerns

22:12 "Necessity of Search Warrants"

24:06 Search Warrants and Fourth Amendment Exceptions

26:57 "Search Warrant Exceptions Debate"

32:20 Evolving Case Law on Digital Privacy

34:05 Rejecting Authoritarian Control

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law