The Senate Corrections and Criminal Law Committee heard HB 1358 on use of unmanned aerial vehicles, sponsored by Sen. L. Brown. The bill does the following:
- Allows a law enforcement officer to use an unmanned aerial vehicle without first obtaining a search warrant if the law enforcement officer determines that the use of the unmanned aerial vehicle is required due to the need to: (1) assist public safety efforts and safeguard the public at a public event; (2) conduct efforts in response to or to mitigate a person or group of persons committing the offense of rioting or disorderly conduct; or (3) collect evidence as a result of a criminal investigation where there is probable cause that a crime has been committed and that the crime scene is at a location where there is no reasonable expectation of privacy.
- Defines “public event”.
- Allows a law enforcement officer to use an unmanned aerial vehicle without first obtaining a search warrant if the law enforcement officer determines that the use of the unmanned aerial vehicle is required to obtain aerial photographs or video images of a crime scene located on a public street or highway or at a public event.
- Provides that an emergency incident includes a public event that involves the emergency dispatch of a law enforcement agency or emergency medical services.
The bill was amended by majority vote to provide that a law enforcement officer must obtain a warrant to conduct a search of or over private property, unless the owner consents or a warrant would not be required for a search not using an unmanned aerial vehicle. The Indiana Prosecuting Attorneys Council and the Fort Wayne Police Department testified in support of the bill. The Indiana Public Defender Council testified about concerns with the bill.
The amended bill passed 7-1.
Read the bill at http://iga.in.gov/legislative/2019/bills/house/1358