Can Private Investigators Legally Use Drones for Investigations?

Can Private Investigators Legally Use Drones for Investigations in Georgia and South Carolina?

Private investigators often handle cases that require discreet observation and data collection, such as infidelity investigations, insurance fraud, and missing persons cases. In these cases, the use of drones can offer several advantages:

Surveillance:

Drones equipped with high-resolution cameras can gather detailed visuals and videos from a safe distance, reducing the risk of detection. This capability is particularly useful in monitoring subjects or locations without drawing attention.

Access to Difficult Areas:

In cases where physical access is challenging or dangerous, drones can navigate and provide insights into the situation. This is useful in rural, heavily forested, or otherwise inaccessible areas.

Speed and Efficiency:

Drones can quickly cover large areas, saving time and resources. This is beneficial in situations where a subject or item needs to be located or tracked over vast distances.

Cost-Effectiveness:

Using a drone can be more economical compared to traditional surveillance methods, such as hiring multiple operatives or renting helicopters for aerial surveillance.

Private investigators employ various techniques to track or observe individuals, but they must follow the legal guidelines set by their state for conducting surveillance. Contrary to popular belief, private investigators have limited privileges and are generally subject to the same restrictions as ordinary citizens when it comes to surveillance.

FAA Regulations for Drone Use by Private Investigators

The use of drones in private investigations is regulated by the Federal Aviation Admnistration (FAA), ensuring safety and privacy. Private investigators comply with the following requirements:

Part 107 Certification:

PIs operating drones for commercial purposes must obtain a Remote Pilot Certificate by passing the FAA’s Part 107 exam. This certification ensures that the drone operator understands the regulations, operating requirements, and procedures for safely flying drones.

Operational Restrictions:

According to FAA guidelines, drones must be flown within the operator’s line of sight, below 400 feet, and away from restricted airspace. These restrictions help prevent accidents and violations of privacy.

Airspace Authorization:

When operating in controlled airspace, such as near airports, PIs must obtain authorization from the FAA. This ensures coordination with air traffic control and reduces the risk of interference with manned aircraft.

Privacy Concerns:

PIs must respect individuals’ privacy rights when using drones for surveillance. Unauthorized recording or observation of private property may lead to legal consequences. The FAA does not regulate privacy, but drone operators must follow applicable state and local privacy laws, including rules about trespassing, harassment, and unlawful surveillance.

Georgia Drone Laws for Private Investigators

In addition to FAA regulations, Georgia has specific laws that may impact how private investigators use drones:

Georgia State Drone Laws:

- Georgia Code § 16-11-62 makes it illegal to use any device (including drones) to intentionally record or observe people in private spaces where they have a reasonable expectation of privacy (e.g., homes, bathrooms, or any other location not open to public view).
- Georgia Senate Bill 6 (2017) introduced restrictions on how state agencies can use drones, but it does not directly impose new regulations on private investigators.

Surveillance and Trespassing:

- Private investigators using drones must be cautious not to violate Georgia’s privacy laws or anti-trespassing laws by flying over private property without permission.
- They cannot use drones to capture video or audio of individuals where there is a reasonable expectation of privacy, such as inside homes or fenced properties.

South Carolina Drone Laws for Private Investigators

South Carolina State Drone Laws:

- South Carolina does not have state-wide regulations specifically targeting drones, but existing laws related to trespassing and invasion of privacy still apply. For instance, it is illegal for drones to be used to capture images or video in areas where individuals have a reasonable expectation of privacy.

Privacy and Surveillance:

- Under South Carolina law, PIs cannot use drones to intrude on someone’s private property or personal space where there is an expectation of privacy (e.g., a fenced yard or inside a home).
- South Carolina Code § 16-17-470 prohibits the unlawful surveillance or eavesdropping on individuals in private settings, which would apply to drone usage for investigative purposes.

Local Ordinances:

- Some local municipalities in South Carolina have adopted their own rules regulating drone usage, especially in cities or near sensitive areas (e.g., near schools, hospitals, or government buildings). PIs must be aware of any local regulations that could restrict drone flights in certain areas.

Practical Applications of Drones in Private Investigations

Infidelity Investigations:

Drones can discreetly monitor a subject’s movements and activities, providing valuable evidence in cases of suspected infidelity.

Insurance Claims Investgations:

Drones can capture visual evidence of accident scenes, aiding insurance companies in identifying and combating fraudulent claims.

Missing Persons:

Drones can cover large areas quickly, aiding in the search for missing persons in remote or challenging environments.

Corporate Investigations:

In corporate settings, drones can monitor facilities, detect unauthorized activities, or assess the security of a company’s premises.

Challenges and Considerations

While drones offer numerous benefits, private investigators must be mindful of potential challenges:

Legal Risks:

Non-compliance with FAA regulations or privacy laws can lead to legal penalties, fines, and damage to the investigator’s reputation.

Technical Limitations:

Drones are subject to technical issues, such as battery life, weather conditions, and signal interference, which can affect their performance and reliability.

Ethical Considerations:

Investigators must balance the need for information with respect for individuals’ privacy and ethical considerations. Using drones responsibly and within legal boundaries is crucial.

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