Predator drone helps convict North Dakota farmer in first case of its kind | Fox News The government use of drones will become more prevalent every day in the stripping of our societies right to privacy......
For years Sat Surveys have caught folks who lied about crop loss and fraud in Gov Crop Insurance payments. A precedent or authority as principle or rule established in a previous legal case that is either binding on or persuasive for a court has been set for such surveys of land and land owners. The attorneys knew that and were just wasting time and money as a delaying action.
Lot of things I think about this case. If he was found not guilty of stealing the cows, it seems the 'standoff' charges should not have been filed, because they should have waited until the verdict in the cattle case. However it could be a case of the LEOs trying to cover their butts, because if the drone use was not in the search warrant and they used it anyways, to me that says the warrant should have been voided, meaning they had no legal right to be there once they in effect did not have a valid search warrant.
You need to be aware of what "stealing cows" covers in different states. I could keep cattle that wondered into my pasture forever unless the owner discovered them. IF I sold even one cow or their off spring, even if sired by my Bull, then that would be stealing. I cannot charge for any feed for ESTRAYS when the owner is found. Yet The Sheriff can sell the ESTRAYS at auction and keep the money for the county. Laws are different and for a lot of different reasons. Some counties require the owner to self fence if he wants to keep other's livestock off their place, others require the lifestock owner to fence in his heard. Don't expect the Media to present this case correctly, it'll just drive you nuts. YMMV
I'm pretty sure no warrant is required for drone surveillance. They cannot enter your house without a warrant or invitation, but your "airspace" is not protected. Just the same as if they were on a stake out across the street from your property and visually see what they're looking for. As technology advances and they can more easily see through walls I'm guessing that the tiny shreds of the 4th Amendment that are still intact will disappear.
Actually, SCOTUS has ruled that ANY Surveillance, done without a Warrant, whether from the Sky, or Ground, MUST be done in the VISUAL Spectrum of the Human Eye. No InferRed, UltraViolet, or NightVision is allowed. If they couldn't see it with their Eyes, unAided by anything but a Lens, it is an Unconstitutional Violation of your 4th Amendment Rights.
