CLUELESS COP charges Drone Pilot with a FELONY
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- Опубликовано: 4 янв 2024
- Donald Muckel found himself in jail, charged with a felony after flying his drone near a construction site. You won't believe the ordeal he had to endure because of an ignorant police officer.
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I am a deputy sheriff and a drone pilot, both commercially and recreationally. I also supervise the drone program for my agency, so yes I am educated when it comes to drone laws and have educated my fellow deputies on drone laws. I am also a member of the Law Enforcement Drone Association (LEDA) and one of the rules is "Don't mess it up" which means don't do anything that will cause a law to be made (and for those of you that don't know this, Law Enforcement officer do not write laws). Now, Mr. Muckel was not arrested on the spot and he commented in another comment that he was arrested later. Which means that the deputy went to, possibly the district attorney, advised them of the incident and they determined that a law had been broken and issued the warrant. So blaming just the deputy is wrong. Education is key, but drone pilots need to be professional when confronted by law enforcement and not immediately go on the defensive, like saying "I don't answer any questions". That's not going to bridge the gap between drone pilots and law enforcement.
As much as I respect and agree with everyone’s right to privacy, I believe that being a good communicator will make us all not only better pilots but also better humans, which is even more important. It is a challenge when we encounter any law enforcement that are riding their “God Horse” and it’s also a challenge for law enforcement to deal with the criminal element and none of us have any way to know which it is that we are encountering until we communicate to determine this. Since we pilots are indeed currently on an educating path in most of our encounters, being willing to do some “give and take” will only make it easier for everyone involved! There will be times when the other guy just does not want to play nice. Be safe, and always be good to each other whenever it’s at all possible. 👍
I understand police have a tough job but it’s a job you took knowing these things. It’s not the civilians responsibility to bridge the gap, it’s the officers responsibility. The bottom line is that officers all day every day are approaching civilians spouting orders filled with lies and things the officer knows nothing about. Doing this all in an effort to assert authority to command to stop doing things they just don’t want them doing even if it’s perfectly lawful to do so. This action in itself is hostile on the officers part and it’s not our responsibility to make him feel better. We need police but we do not hire them to harass law abiding citizens. It needs to stop and until then people are going to push back and it’s our right to do so. I’ve never met an officer who actually had any real understanding of civil rights. I’d bet you don’t even truly grasp the constitution but I hope that’s not true.
Don’t demand your rights because law enforcement might go to court and be held responsible for their ignorant actions and then be protected by QUALIFIED IMMUNITY! If the cop knew an FAA law has been broken, then there would be no reason to initiate a NEW law! Site the law and issue a citation or just SHUT UP and be on you little LEO way! The logic of “Don’t mess it up” makes no sense other than to just comply with anything any law enforcement individual says even if you know you are being violated under your protection of 18 USC §242 or 42 USC §1983! Sadly…More COPSPLAINING, don’t invoke your 5th amendment rights to not answer potentially self incriminating questions (cops don’t ask questions other than to be able to use your words against you! They are NOT OUR FRIENDS!) because LEOs might get butt hurt!
@@Arykperry you say you understand police have a tough job, but I don't believe you understand how it really works. The deputy was dispatched to the area. More than likely one of the workers at the substation called in the complaint. What was the officer suppose to do, ignore the complaint. And remember this was a POWER SUBSTATION, you know with expensive equipment that a drone could possible cause a lot of damage to if it crashes into it. Most of the time when officers approach civilians it is because they were dispatched. Which means a civilian called in a complaint about another civilian doing something that they believe is a violation of the law. It is the officer's job to investigate to determine if the civilian is a law abiding citizen. And yes, I do truly grasp the constitution, since for the past 30 years I've sworn to uphold and defend it. The workers at the substation have rights also.
I completely agree with you on this. I look at simple way just don’t be jerk to begin with. If officer was called out to investigate something at-least be little bit understanding and give him the detail what you are doing or not. Not right off the bat no, no I don’t need to talk to you. Come on be little respectful to each others. Then again you are flying between the power lines and you said yes you will do that. Now ask yourself is that something safe to do? In your part 107 is it written ok to do so? Have some common sense. Please don’t ruin this hobby for all of us🙏🏼 safety of yours and others should be your number one priority no matter what you are doing!
I was a police officer for 10 years. It comes down to this. Any cop who is out there making arrest without knowing the law should not be a cop. If it had been me out there, I would have went back to my car, made a few phone calls to a few supervisors and I might have even broke out my state title code book to see what I could find. After all that, if I couldn't find anything, I would note it, and get back to work. Later, I would find out who has the final authority on enforcing such drone laws, but I would not make any arrest that I wasn't sure about. Personally, I commend this man for standing his ground, knowing the law and attempting to educate the officer. I'm sorry you had to go through that Sir. I think you should pursue a lawsuit for false arrest. This will force the Sheriff's Department to look at the relevant FAA laws and abide by them. The officer will receive a reprimand which goes into his personnel file forcing him to also get educated about drone law. As a former LEO, I can tell you, a reprimand will get the officer's attention. It's a very humbling event and is a reminder that a police officer must not abuse their authority but must follow all the laws whether they agree with them or not. You cannot just go around making up laws the way you see fit. However, like Ken, I probably would have complied with that officers request initially, but then filed a complaint with his department. With FAA drone laws in hand, make an appointment with the Sheriff. (Chief of Police). You would be surprised that most department heads are actually very open to a public inquiry. They are very grateful for the chance to deescalate a possible problem for their department before things get out of hand. However, you need to be sure you are right before doing so. I can remember several times I heard the chiefs voice blasting out of his office when someone would make a false claim based on made up information. "Get the hell out of my office. How dare you come in here with no evidence and accuse my officers without any proof!". But if you are well educated and can articulate the law clearly, you will probably get a very good response. My point is that everyone has a boss, in a chain of command. Sometimes that's a better way to handle an officer problem rather than provoking him by chipping away at his pride. After all, his job is to answer public calls and investigate possible crimes. Now a days, everyone seems to feel the need to badger the police. I remember a day when people respected and honored their police servants and police officers were much more open to peaceful and uneventful contacts, but today everybody looks down on them. I wouldn't do this job today. Everyone thinks they're a streetside lawyer. However, in your case, you were asking the right questions and the officer should have done his homework before demanding that you land your drone. I'm sure things would have went a lot better.
Thanks for commenting.
You've made some very valid points. 👍
Thanks for your input. To clarify, I was not flying when the cop approached me in the first video. I had flown earlier and when I drove past this substation the cop was their. As I drove by he started backing out so I pulled into the first driveway and waited for him. Didn’t want to get charged with fleeing and alluding. Here is why I’m so mad about being arrested. On the day of these encounter, later in the day the county deputy returned with two state cops as backup, detained me and confiscated my drone. Then they had over 3 weeks to look at everything and then they came to my home and I was arrested at 4P.M. So I wouldn’t be processed until the next day guaranteeing I would spend at least one night in jail. Although, I’m not made about my time in the cell. For it’s possible to do God’s work even in a jail cell and he allowed me to do just that while I was there. However, after the Prosecuting attorney had over 3 weeks to read the law he still decided to sign an arrest warrant. I believe they conspired to teach me a lesson. Cops abuse their power all the time because they know 99% will not have the resources or fortitude to fight back and they are just happy to plead to a lesser charge and move on. I’m not that person!
So what you're saying is I don't know if you're a criminal but I'm going to find out? I thought we were innocent until proven guilty... This is a major problem with police looking at everybody like their criminal and trying to find a reason to put handcuffs on them. That said, I've seen more than enough videos on RUclips or supervisors come out and they're just as ignorant of the law as their deputies or just blindly back their deputies and throw gas on a dumpster fire. I find it completely mind-boggling that you have people out there enforcing laws, needing to call a friend to tell them about the laws they're supposed to be enforcing. How many people show up to your house from geek squad who have to call a friend to help them fix your computer? That would be if you're lucky, If you're not they may walk in. Look at it for a second before pulling a hammer out of their pocket and smashing it to pieces while yelling contradictory orders like don't move, get on the ground.
Salute!
Again, well done Sir. You are right. There is nothing I hate more than a bad cop who abuses his authority. You are also right about the 99%. I was different I guess. I was always afraid of the 1% who would push back. That's why I just did my job and without fear or favor. I can honestly say that every arrest I made was backed up by real charges that I knew I could prove in court. Basically, my nose was always in the law books making sure I was right. Lazy cops don't do that. I'm glad that you have the means and will to right this wrong. We need more people like you. I do however think you should reach out to that officers chief of police. Be respectful and explain exactly what happened. I think you will find that he probably knows nothing about it. Once he does however, he will most likely look into it and if his officer is wrong, he will definitely handle it on an internal affairs level. Don't underestimate that. We serve the public and that would be the proper way to handle a valid complaint. Even if the chief sides with his officer, the chief will remember the complaint and will keep closer watch on that officers future activities. They hate when their officers / deputies bring shame on the department and I guarantee will go into prevention mode at the very least.
I hope you get a lawyer and take them to court. 26 hours locked up for no crime is a law suite.
Does anyone know a law firm that will take my case on contingency? I live off my SS check. I don’t have thousands just laying around
Where do I find that lawyer?@@w.e.s.
That's why make that individual police man accountable for his actions and so HE is sued and not the police station....then them there officer would wisen up and not be so quick to react to someone flying a TOY..
@@t.m.c.teammulticopter5636 There is something call Competency Assurance. "CA" is a program that evaluates workers on their knowledge and also skills level. They are tested on what they know on paper and in the field. This way of running a business (or department) has been around for some time now.
Police departments that don't use such a system will end up costing themselves hundreds of thousands if not millions of dollars. All they had to do was to write down how to police in their area, assign officers as assessors, and above them assessor trainers.
Each individual officer is given a test on each procedure periodically to ensure that he knows the procedure and that any gaps in knowledge is identified. If there are gaps, the assessor and officer will then develop a "Road Map" on how to close those gaps. Once closed, they retake the test to ensure that no new gaps have appeared. If gaps still remain but they are not serious ones, the officer can still do the job but under supervision.
Skill assessments are preformed in the field. As an officer does his job based on the procedure, a assessor will evaluate them based on that procedure. If a gap is identified, then he is placed on a roadmap to close the gap and can work under supervision as long as the gap doesn't deviate too far from the procedure. Once the gap is closed, they are found Competent "at the time of the assessment" to preform their job.
This entire program means that workers are always in a learning mode but most is rehashing what they should already know. In a court of law, it goes a long way for the County or City to show that although the officer did wrong, it went against their policy and that they did their best to ensure that he was trained and evaluated more than once.
So how much does a program like this cost? it depends when you look at it from the over side. How much money is lost when this program is not preformed?
I'd talk with an attorney about suing this cop and city/town for damages, attorney fees, and distress. This cop has a bad attitude. He really has no business being a cop that deals with the public in any fashion.
Qualified Immunity precludes any action vs the deputy or county.
There has to be some recourse for bad cops though and a way to get attorney fees back for wrongful imprisonment. If he just gotten a ticket, that would be different. This cop went out of his way to make it hard on this person. I'm not saying the person is blameless but he's not the one doing the harassing
. @@nevisstkitts8264
Go after his cestui que trust, go as a Special Appearance (any attorney breaks this), see Christopher Hauser for how to take back our liberties and fun.
@@G-ra-ha-m Fortunately he was smart and got a Loyer, you have no clue what you are talking about. Clearly you didn't watch the full video, the charges were dropped he knows of real legal advice and does not need your Quis legal advice.
@@G-ra-ha-m I looked up your friend, apparently he has been convicted and sentenced to 20 years. He is out on parole after serving 3 years in prison. great advice.
If the cop was talking to you while the drone was in the air, isn't he technically breaking the law by interfering with the pilot?
No, interference with flight operations is an overt act of disabling control of said aircraft. Nothing keeps you from talking to an airline pilot? they invite curious kids up to the cockpit all the time.
yes and as the pilot you should inform the person that they need to back away because they are distracting you while operating a aircraft. if its a bitchy karen you can expand on it and say its a felony to interfere and that you have federal authorization to fly. its not really a crime unless they touch you and even then that karen would only see jail bars if touching you caused you to crash and injure a person.
yeah hard disagree here - if someone is "interrupting my ability" to safely fly or control of it . . . nope @@RecoveryoneDrone
Please show me under the FAA rules@@bsgtrekfan88
@@RecoveryoneDrone Key words
"They invite kids in"
The kids don't get to decide to just go into the cockpit whenever.
You definately should file a civil rights violation case against all involved...
The fact this guy had his drone confiscated for three weeks and also had his character assassinated publicly through the local papers and news means he could have a gigantic payout from that county if he has the means to pay for it. As long as you are legal and your perspective of your operation is based entirely in facts and the law, you should stand your ground against overreach. You don't need to be an asshole or make anyone's life difficult, but just be well-spoken, level-headed, and calm and you will either dismiss the responding officer(s) OR have a huge case for suing the county or agency that overstepped.
I think it should be an easy $10k for civil-rights attorneys. The auditors on YT have gotten more with less.
@@SlackerU You would be wrong. 'Easy' - it is not. Civil rights cases are not 'profitable' by any means. Its a misconception that 'auditors' make out. When advocacy photojournalists must fight malicious charges, illegal detentions and false arrests the financial and social costs are a significant hurdles. Most civil rights lawyers refuse because those hurdles must establish a pattern to defeat probable cause, with little odds of success. (For all the reasons stated above) Imagine, first that we 'we lock up a higher percentage of our people than any other nation on earth'. Think of the injustice that seizes worktools and imposes limitations to earn a living professionally and targets you with retaliation. Their work equipment is held for many months if returned at all, most damaged beyond repair. Getting locked up in torcher cuffs and slammed to the ground ruins innocent lives. These are not 'huge cases' where rule of law is fact, but kangaroo courts where rank of uniform colors law. You'll spend upwards of 50k to get your case before a higher court or on appeal where charges are often overturned and remanded back with little admonishment. Most cases brought by prosecutorial misconduct are dropped 'nol pros' at last minute for lack of standing just before trial. The myth of the giant payout in settlement is as elusive as getting equipment back or your mugshot redacted - it's a rarity. Most settlements barely break even and are hardly worth while for 'morality' considering the great cost. Its takes a strong champion to go the distance - and in the end it's the taxpayer who's punished - not the offending cop. Gypsy cops change jobs frequently without any accountability or loss of benefits and many are even promoted.
@@TAC817 They had a man with a gun out enforcing things he was not trained to enforce. During Christmas drones are sold right beside the Christmas lights, imagine how many arrests that county must make to secure fair & equal treatment of all their citizens. They owe the man money for defaming his image.
So you were kidnapped for 26 hours. Sue the living daylights out of them for 1st and 4th amendment violations. And I would start with a $ 20M price tag so you get their attention. I also suggest you hand deliver the Sheriff and the deputy that arrested you the intent to sue so they do not delete the evidence.
I'm a retired law enforcement of 27 years (retired in '21). I also have my Part 107. The department I worked for has one of the most advanced and ongoing training programs in the state, which was once a month for the entire day. We trained on everything under the sun. When Part 107 was implemented, I studied for that test, and it bothered me just as much as it cracked me up that the FAA would mention that local law enforcement would be doing this, and doing that, and the FAA stressed the police would know all that there was to know about drones, requirements, and violations (even though the FAA has authority over Air Space and the cops don't). Well, not so fast. We never had any training on drones. Nobody from the FAA came to talk to us. And those within the department were clueless except for the ones flying drones. I think the FAA is to blame for some of this by dumping the responsibilities onto local law enforcement but they failed to offer training. Then you got this rogue cop out there that's not going to be told "NO" and this happens. And yes, I've worked with those "Rogue" cops during my career, so I know it happens. However, the shit they pull will inevitably get them fired because ignorance is bliss.
Great points.
Thank you for your service!
They will not get fired. They have qualified immunity. The tax payers are the only ones that get to pay the "fines" (read settlement) without any LEO feeling any pain.
@@photographyisnotacrime7300 Qualified Immunity (QI) was abolished between 2020-2021 when the nation went crazy over “Defund the Police” movement. And QI only applied to a civil suit before the change. When an officer is a liability to the department, termination is on the horizon (and QI doesn’t apply. It never did). I’ll stop here because there is so much more to your comment that I won’t go into.
@@video80634 Only 4 states have discontinued qualified immunity, and of those 4 not all have completely done so.
Taxes are theft, armed robbery, and murder if you don’t comply. You’re all rogue. Just because the judge says it’s okay doesn’t mean my rights were respected in the process.
Met a tone of cops in my life. not a single cop will ever say sorry or admit their wrongdoing. Pride is the devil, especially in that career...
There seems to be a common denominator in this equation. Most I know are good dudes, but there are a couple that are total morons and have no business in the profession.
Legitimate police contact?
I'd like to hear the officer explain exactly what that is, in his words.
I have had local cops stop and tell me it was cool!
@@shadowofchaos8932 same, but they don't even stop they just smile and drive away.
10:55 I've had interactions with cops while flying. The exchange always starts out very polite, and in my cases has ended the same way. What I first noticed was how this cop approached this, he didn't get out of the car with a "Hi, how's it going" as a litmus test. He came out with a previous interaction on HIS mind, thus bias.
The undercover was nice to me too. So nice that I spent more of his time explaining the hazards that come from working in a cesspit-city. He ask me all the questions, like how far away I've flown, if I've lifted anything with the sub-250, if I've flown at night... all b/c someone dropped some stuff in a Prison. His curiosity lessened once I told him I'm geotagged / RID-compliant & I data-log flights.
@@SlackerU So you're part of the problem then. You can either be non compliant or you can be on the side of tyranny.
They won't drop charges because it opens them up to a lawsuit.
I have handouts; One for the public and an entire packet for LEOs who might approach. In the LEO packet, I keep all authorizations, waivers, etc... even if it's just a lance authorization. The packet includes the Trust certificate, FAA registration letter, and an FAA Office of Chief Council fact sheet regarding state and local regulation. All of this is freely available on the FAA website. I have only had to offer it once and, instead of reading the copious amount of info, the cop left.
Let me guess...you didn't begin the interaction with "I don't answer questions." :) I'm no bootlicker, but with everything the cops are dealing with these days, I'm guessing a little well-placed courtesy might have made this interaction go a whole other way.
@@craigieb Guess what? That is the ONLY way one should respond to a police officer approaching with a bunch of questions. I guess you're not aware of how many of them operate - many - not all - but MANY are looking for the slightest pretext to jam you up. The minute you start answering questions, you give him information he can use to ask you further questions, and the slightest inconsistency in your answer can land you in the pokey with a felony obstruction beef. If a cop approaches you, if he already has probable cause for an arrest, or reasonably articulable suspicion for a detention, that's what he's going to do. If he starts asking questions, 99 times out of 100 it's to gen up fictitious probable cause or pretext for a Terry stop because he doesn't already have it. There is no reason whatsoever to start out by making nice with a popo who arrives with a clear intention of taking you to jail if he can get away with it.
@@chuckschillingvideos If that's been your experience, I understand what you're saying. All I'm saying is, there's a way to communicate that doesn't lead with what will always be perceived as a bad attitude with something to hide, which will of course send many cops into "what can I charge him with" mode. De-escalation is the name of the game (should be that way on BOTH sides), and given the advice you just gave, I submit there's a more gentile way to go about it, than this guy did. I've been in video production for nearly five decades, and have had my share of run-ins with city cops and rental cops who wanted to jam me up for doing my job. Simply showing some respect has always gotten me my way, so that's why I do it that way.
LOVE YOU THANK YOU !!!
This isn't about drones, as much as it's about the culture of policing where everyday interactions by law enforcement routinely escalate unlawful orders into malicious charges. In America, "we lock up a higher percentage of our people than any other nation on earth." (Madar, NYU Law). Of significant note : "The Supreme Court is giving lower courts a subtle hint to rein in police misconduct, and those paying attention haven’t missed it." (The Atlantic, Schwartz). "Legal scholars and advocacy groups have repeatedly petitioned the Supreme Court to abolish or reform qualified-immunity doctrine created out of thin air in 1967, “qualified immunity smacks of unqualified impunity, letting public officials duck consequences for bad behavior". Similarly, the courts have encroached on fundamental and well-established civil rights by allowing LEO to abuse their powers with Terry stops .. "if the police can pick him up whenever they do not like the cut of his jib, if they can ‘seize’ and ‘search’ him in their discretion, we enter a new regime. The decision to enter it should be made only after a full debate by the people of this country." (U.S. Supreme Court Justice William O. Douglas.)
"The U.S. Supreme Court was intended to be an institution established to intervene and protect the people against the government and its agents when they overstep their bounds. Yet as I point out in my book A Government of Wolves: The Emerging American Police State, Americans can no longer rely on the courts to mete out justice. In the police state being erected around us, the police and other government agents can probe, poke, pinch, taser, search, seize, strip and generally manhandle anyone they see fit in almost any circumstance, all with the general blessing of the courts.. When all is said and done, what these assorted court rulings add up to is a disconcerting government mindset that interprets the Constitution one way for the [authoritarian] elite-government entities, the police, corporations and the wealthy-and uses a second measure altogether for the underclasses-that is, you and me." (Constitutional attorney and author John W. Whitehead.)
Too many cops attempt to exert dominance using this 'color of law', a mere semblance of legal right; something done with the apparent authority of law but actually in contravention of law, where none exists. (42 U.S.C. § 1983). Note the LEO's who reply here in comment who feel their many years of experience fishing for 'color of law' makes them the authority. Unlawful demands are a common denominator to systemic misconduct by police that often escalates into unreasonable use of force incidents. (See legal scholar Orin Kerr’s famous opinion: Sandra Bland and the “lawful order” problem.) The rank of uniform carries more weight in court than the man wearing it. At some point the courts will have to deal with the 'unlawful order problem' that's systemic in the institution of law enforcement. Retaliatory arrests ruin lives when police ego operates by the idiom, "You may beat the rap, but not the ride".
Justice Sonia Sotomayor wrote, “Even if you are innocent, you will now join the 65 million Americans with an arrest record and experience the ‘civil death’ of discrimination by employers, landlords, and whoever else conducts a background check.” We must not pretend that the countless people who are routinely targeted by police are “isolated.” The critics above are the ones who recognize that unlawful police stops corrode all our civil liberties and threaten all our lives. The cops below would have you believe they are the authority and that our voices don't matter, until the principle of equality before the law has been effectively abolished. "Instead, a two-tiered system of justice ensures that the country's police and government officials are virtually immune from prosecution, licensed to act without restraint, while the politically powerless are imprisoned with greater ease and in greater numbers than in any other country in the world." (Greenwald, Pulitzer journalist).
In fact, the 'Council on Criminal Justice Task Force on Policing' called for "complete overhaul of U.S. police training and national standards". The task force found "most police training in the United States is misfocused, too short, uses ineffective teaching methods, and is out of alignment with both community safety priorities and research about what works to minimize bias and use of force." The task force concluded. “Police departments need policies and standards that hold officers accountable - and leaders committed to changing the internal culture of their departments.” The narrative is perhaps more familiar in the policing context. AG Jeff Sessions articulated it succinctly in memo ordering the reevaluation of all consent decrees the Justice Department had entered with police departments because “[t]he misdeeds of individual bad actors should not impugn or undermine the legitimate and honorable work that law enforcement officers and agencies perform in keeping American communities safe.” Bad apples come from rotten branches of leadership in a epidemic down to their union roots. Repeat offenders of police misconduct cost taxpayers billions of dollars in legal fees and lawsuit settlements. (WP, 'The hidden billion-dollar cost of repeated police misconduct.) Its alarming to read boastful years of experience by law enforcement veterans who ignore their oath and our rule of law. "All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights." (Article 1 - Declaration of Rights). When our civil servants deprive our rights under color of law it's a federal crime punishable by imprisonment. (18 U.S. Code § 241 & 242.)
“It is hard to imagine a more disingenuous and dangerous way of enforcing law than by putting those decisions in the hands of ‘Cops’ who pay no price for being wrong.”
Ken pinned the wrong amicus. 'Which means' deputy drone colors far too much integrity into a judicial that lacks credibility. Whistleblower, lawyer and author Jerry Spence, wrote about speaking to couple of hundred criminal defense lawyers. The average number of cases this group of lawyers had 'taken to trial or concluded' was in the neighborhood of 50 each or some 10,000 combined. He asked the lawyers, "Please stand up if you can honestly represent to me that in every one of your cases the police or prosecutors have in some way violated the law ". He couldn't believe what he saw. All but four stood up . [Credit; 'Police State: How Cops Get Away with Murder' by Gerry Spence.] Lawyer & author L.E. Snell warns us how corrupt the judicial system really is, "This behavior is happening in every state and every courtroom in America. All one need to do is sit in on any hearing and it will become apparent, if you know anything about the law." [Credit; 'Malicious Prosecution: In the Midst Of Adversity']. The vast majority of judges in America come from 'prosecutorial backgrounds' where research and investigative journalism expose routine bias citing judicial misconduct with 'prosecution from the bench'. [San Jose Mercury News].
I think we are basically today's Skateboarders / Snowboarders of the aviation world. (Need to Abolish Qualified Immunity) Cop deprived this citizen of his basic civil rights and deputy should be sued personally as well as the county and or city he rode in on.
this is very true, and in the skating world. We have something known as "blowing the spot" and this guy is blowing it. And we get mad and have to call them out when someone recklessly blows the spot for everyone.
The law of common sense prohibits people from flying next to power lines. I did not know that stupidity was a felony. I will try to work on my own stupidity now that i do. Thank you!
"What law are you enforcing?"
"You'll find out." (After i do so research)
Please, PLEASE, PLEASE find an attorney that will take this on and give this officer and Sheriff department a painful education!
If it isn't painful, it won't educate them.
Qualified immunity at it's finest
No qualified immunity here. He needs to sue immediately
@@chownersure, that wasn't my point I'm saying qualified immunity has created a system where these situations arise. Cops have no recourse if they are wrong it happens all the time. This is the system now. Look at Rittenhouse🤷🏻♂️ did those prosecutors get arrested? Did the cops that allowed the riot to take place get charged with negligence? What about the mayor? This is the system now until it's destroyed😅
Qualified immunity is not automatically applied. There has to be some sort of case or lawsuit for a QI hearing to even be initiated.
@@wldktz1 you have it completely backwards. Qualified immunity is automatically applied and there has to be precedent established previously to nullify it
Did the statute justify the charge made? Nope. But that is not "civil rights" violation. There is no civil right to fly a drone. The cop was wrong. Acting like a sovcit with a drone... real helpful.
Note to self keep Ryan’s number in your back pocket lol
Fair play to Donald helping someone else out when being in a crap situation himself - that's how to be a good human.
Don seems like an awesome guy and I'm glad Ken had him on this and Ryan was of great assistance. Still can't believe this whole ordeal happened and he was locked up.
Rule number one. Rotate your phone 90 degrees.
The biggest problem is these idiots get way with it. They should be stripped of their job, locked up for assault and jailed for kidnapping.
'I don't believe the individual has the intelligence to carry a firearm'. SPOT ON SIR!
So here in Oregon the state law lists a bunch of “critical infrastructure” over which you can’t fly.
So am I hearing that those restrictions, unless appearing on the FAA charts, are unenforceable?
That’s very possible. But make sure to check each site to be sure before flying.
I once has an Oregon State park Ranger try to give me her laymans opinion regarding my perfectly legal flying activities..I tool the time to humbly ask herbI I could educate her..she was willing to listen. 15 minutes later she was apologizing to me. A rare thing IMHO. My humble attitude and demeanor paid off that day.
Wow! You are a good ambassador to the hobby sir.
This is why everyone should have a Insta360 or similar camera going while they are flying in addition to anything else used to document your flight, be it personal or for work. Also another reason to file complaints against LEO (when justified) to hold them accountable. At minimum to create a history of behavior if you are ever put in a situation like this one. Have to start keeping a print out summary sheet with you of local/federal rules that apply to common misconceptions by others you might interact with to help mitigate these interactions before they get out of hand.
That is EXACTLY why I setup a gopro on a tripod, and or wear another one as a body camera for hands free recording.
"You can find out later."
Translation: I have (un)qualified immunity and the worst you can do to me through the courts is sue the taxpayers. So I don't give a damn what the law is.
How an officer approaches me determines how I handle their incompetence. If they want to ask about legality and if I am versed in the laws; they get the nice guy educator to help them out. They come at me with ego and drama, they will get zero help and I will treat them how they treat me. Then after they arrest me I will not stop until I am compensated for damages in a civil lawsuit and the officer is at least in prison for their crimes.
Can you give me the name of a lawyer who will take this case on a contingency basis. We live on my SS check. I don’t have thousands to spend on the possibility of winning a lawsuit. If I lost I would be left with no retirement money.
@@MichiganDronePhotos-gf3oithis was the answer to my question. Many seem to believe one can just file a lawsuit and everything is free until a decision is rendered. I hope you are able to recover your expenses at least since they were accrued for false imprisonment.
got Kicked out of class g airspace by an officer, who was claiming I was operating in controlled air space, Claiming i wasn't aloud to fly over 200ft, not aloud to fly in Pubic,
I was operating under Class E AIRSPACE BEGINING AT 700 FT, USING AN FPV ANALOG 5 ICHN FREESTYLE QUAD....Im part107 explained this, Showed her my card, my flight log, maintenance logs, paper sectional charts and, current density altitude proofing I was operating legally, and knowledgeable, on top of that showing my gliems aviation test book, i got my cert from, just to proof I was operating legally.
after getting permission from the store clerk, the officer still told me to leave, even operating in class g airspace.....This is typical small town stuff. glad this came up.
Thank you Ken!
Small town AND small-minded stuff.
It should not cost you thousands of dollars to clear your name when an officer goes out of his way to try to find reasons to charge you in cases like this the prosecutor or the police who charges them should be made to pay all their fees especially when the cop is going out of their way to harass somebody like it was literally shown on this video
If the officer cannot cite the law and understand the law, he shouldn't be trying to arrest someone for the supposed crime.
Way to stick up for yourself and show them we are not afraid of their bullshit. Everyone needs to know their rights and use them at any opportunity.
Very good and informative interview. Thanks Ken! This should be “recommended reading” for drone pilots, especially the newer ones. I was especially glad that you advocated for staying off the radar. My wife is always reminding me that exercising my right of way is not always the smart way.
This is what I'm always afraid of when flying. I'm Part 107 and fly all the time for real estate agents. I get police called on me MOST of the time in prodominantly white neighborhoods.I say this confidently because the officers that respond ALWAYS say, "we know why we got called. NOT because of the drone." I will go to say, that I have been called on for the accusation of "filming a 4 year old swimming naked in their pool at 9AM" and I WASN'T EVEN THE DRONE PILOT FOR THAT DAY! I fear for MY safety at EVERY gig I have due to the fact that I'm a felon that has turned my life around. I'm also a former officer. The "defense fund" seems like a great idea since if something like this would have happened to me, I would've been put right back into prison for flying a drone, LEGALLY. I'm glad that Mr. Muckel was able to have the funds to be able to NOT be put into prison. How do we develop this defense fund? I know, I would put into it every month JUST IN CASE some BS like this WILL happen to me and I can't afford someone proper to defend me.
Great video Ken! Thank you for sharing it.
You can effect change without going to jail, you dont have to be combative, but you can ask the officer, if I continue to operate my drone as I have been, will you place me under arrest? MAKE SURE YOU RECORD the officer saying yes they will arrest you, and then you say ok under threat of arrest and against my will, i will stop. This gives you enough legal standing to sue.
...and qualified immunity will keep the cop from facing any consequences for his actions.
9:07 the FAA does not make determinations regarding critical infrastructure. What the FAA does is implement national airspace restrictions in order to protect critical infrastructure under a standardized process. While the ARCGIS does include critical infrastructure data, it does not contain all the data. The key distinction is that airspace maps and charts reflect both ARCGIS and other authorized data sources (usually of a temporary nature.)
I'm glad there are people like you pointing out the rotten eggs and pushing for our rights
These videos are what’s important. This stuff goes on, and we would never know about it unless we had this for reference. Thanks Ken! - Louisiana
You bet! 👍
Since this is likely to be retaliatory action from a previous contact which would question what the deputy may have made up information to convince the DA to issue a warrant. After 3 weeks the DA still decided to charge him leads one to think that this was malicious prosecution. Sounds like that county is a wee bit corrupt
For one thing, David “ Moron” Gregwit, left out of his report that I told him I was a FAA certified UAV pilot.
As s LEO and drone (Air 2s) flier myself in Michigan, most officers don't even know about drone laws. The police academies don't even teach anything about drone laws.
Seems like a great argument to never approach a drone pilot and threaten them with arrest. It’s the same reason I don’t kick the neurosurgeon out of the OR; I have no idea if what he is doing is right or wrong.
Gosh, if they could read, (and wanted to) they could learn.
That's a huge portion of why I avoid any public attention when I fly. Even if I somehow manage to follow every regulation to the letter, some power mad dillhole can run my life through the mud for months. It's better to be safe and invisible rather than lawful and noticed. It's sad because I used to admire cops.
This is a very important video. Maybe we should be part of a FAA Drone Pilot Union?
Never escalate drone confrontations, be cool, deescalate, move away if necessary, you can take off 500m away or even another day, and do the exact same pics.
I tell that to the public servants we pay to know the laws all the time…never escalate a drone confrontation because you have no idea what you’re talking about.
First thing this chud does when he gets out of the car instead of saying “hey how’s it going?” He starts commanding the guy?
This mama flying was unnecessarily impacted. Be it business or hobby, it was an unnecessary escalation by a bad cop.
I guess you'd be ok with the police coming to your door to tell you to change the channel on your television set because your neighbor doesn't like it, eh? Our rights exist not to make our lords and masters happy.
How is he still a cop when he has no idea what he’s doing?
wouldn't that be most of them?
you mean everyone of them?
lol @@chowner
@@miraclo3 thanks supreme court 🤦🏼♂️
The better question is; “how is he not yet charged with the multiple felonies and federal offenses he committed?”
Well, that was a very informative video. Thanks. ❤❤❤
My son is in Law enforcement and helped the Team , learn to fly the Drones. Very helpful to them.
The office came up and instead of introducing himself, he stated "Do you know why I am here.?" That statement would make me feel that he has already seen a violation he can act on and charge. He had time before approaching to check the law. By walking away, it was nothing more than harassment. If charges or court appearance was not given at that time (ticket) then allowing charges later was an abuse by the DA. They went looking for something to charge him with after the interaction.
Next time:
Cop: Do you know why I'm here?
Pilot: To learn about drones from an expert?
🤓🤘
😅 If u do not stand up for your rights, u will lose them. Cops
That cop is a public servant and I think we should know his name
David Gregwit
Gregwer...
Even though he was right, if he hadn’t been a jerk to the cop I doubt he would had a problem.
Yes, but it is not a good thing when cops can decide to arrest you for absolutely nothing except being rude. That's them abusing their power.
Maybe or maybe not. remember that guy had a prior incident with this cop and a cop basically got a smackdown so he might have been looking for revenge.
If you don't follow the auditing community you might find that hard to Believe. However, I can assure You that there are cops Out There who joined for the authority to boss people around. When they fail at that a lot of times they Don't Let It Go...
You need to watch some of the auditing videos.
There now needs to be a lawsuit challenging the officers qualified immunity and suing him personally as well as his agency. The prosecutor should be included if possible and if not an ethics complaint filed with the bar.
Tyrants must never be giver a pass for their unethical and criminal behavior.
Hey kids! Become an aviation law lawyer! Growing need for them!
This one worries me because while I try to be Mr. calm and collected I also realize that I am closer to your guest than to Ken in how’d probably react.
Ken your idea to make a video to inform and teach police departments is a great idea. Between you and Jason it would be a wonderful tool for all law enforcement!
Yea, I don't think he should be wearing a firearm either. Good story, thanks for sharing...
Why is this police officer interacting with the public without a body-worn camera?
Because not all dept's have body cams.
Because they're not federally required. some states require them but some don't if it's not required by the state and some departments have them or don't or have some but not enough for everybody.
Here in New Jersey they're not required but a lot of cops have them. unfortunately somehow our state Supreme Court decided that the body camera and dash cam video is not a public record and not subject to the open public record act.. they only become public records if the cops choose to introduce them as evidence. Until then it's basically like the cops private property and we only get to see it if they want us to see it.
Heck I have a 60 dollar body cam because recently a guy with a machete tried to attack people at one of the parks I fly me drone out. I have a CCW which of course I carry when I fly. So I wanted to make sure I have something in the event I'm flying and have to draw my weapon
Just subbed! Will be able to watch the full vid this evening! Thanks for sharing in our Drones and More group
this makes hobby drone pilots look like idiots. Yelling at the cops telling them they have no right is confrontational and stupid.
Where does that mentality come from, that you should try to screw over the citizen for no reason? This only happens in America. Nowhere else is like this.
I’ve lived, worked and traveled in places where it’s worse than here.
@@MichiganDronePhotos-gf3oi no you haven't.
And you know this how?@@ichibot-app
Thanks Ken, I keep copies of the law handouts you provided awhile back.
Is there a link for those?
Maybe Ken has them. It's been a while. Don't remember. If he doesn't let me know and I can scan and email
Hopefully he reads this
3:36 "you have no authority over the airspace"
As a drone pilot I wish this libertarian concept was true ... As a drone pilot that also has to consider other stuff:
DOT/FAA have expressed their legal opinion (as of Jul 14, 2023) that FAA has exclusive authority over airspace with regard to "the fields of aviation safety or airspace efficiency" but not outside those fields. However, they go into detail ...
"It is well established ... that ... Federal Law does not preempt altogether any state regulation purporting to reach into the navigable airspace; the same is true with respect to UAS." The DOT/FAA provide the following as "not subject to ... preemption"
- law enforcement operations
- energy distribution equipment/facilities image collection
- exercise of other police powers
- systems or assets defined under 42 USC 5195c(e) [this would be the case where LE would not specify what the exact violation was, nor are they required to do so]
- search and rescue (potential operational interference)
- land use/zoning
- trespass
The list goes on but not likely relevant to this topic.
One key area that FAA admits to the states is where drone take off and landing is prohibited. Thus the states have the authority to prevent takeoff and prohibit landing in areas under their jurisdiction.
Check your state and local laws ... I even keep track of court case opinions. I also keep my lawyers' business cards in my EDC.
The video makes a great point that training is required for any law enforcement that intends to carry out duties regarding UAS.
It’s always the DJI pilots getting eyes on Drone flying.
So sorry to see that happened to Donald, he wasn’t doing anything wrong. But I’m glad Ryan could help him out, and he got the charges dropped. Important information, and thanks for sharing.
His liberty to enjoy life (by flying drones etc) is actually in The Constitution. The (unratified) 14th amendment makes everyone a 'citizen', but we are sovereign, not subjects of the US corporation.
This is the exact same thing my local state park lake area with a Dam told me when i called asked if I could fly my drone around the lake, they said i couldn't fly anywhere at all, beacuse the dam was critical infastructre, even 10 miles away form the dam on the far other side of the lake, they still yelled NO DRONES NO DRONES NO DRONES over and over, then hung up on me.. it was wild. When I looked up the law, it said you just couldn't fly within 150 feet of the dam, or directly over the pump house, etc.. but the state park police station I called just kept screaming NO DRONES at me because i tried to explain the law that I read.
You should check the FAA site to see if that dam is even listed. If it’s not you can fly it.
At 8:55 it is said that the FAA designates critical infrastructure in conjunction with local authorities. However, according to the FAA (this is copied and pasted from the FAA website) "The FAA currently does not provide guidance or data regarding critical infrastructure. The FAA has started the rulemaking process for FESSA 2209, which will allow non-federal entities to request similar flight restrictions. Under the proposed new rule, critical infrastructure will be defined, and qualifying locations will be allowed to request UAS flight restrictions."
Coward cop just runs away.
Thanks Don for doing the right thing! We're gonna need a lot more guys like you!
I have a question … where do you find out what dams you can fly at ? There is one called Otter Brook Dam in Roxbury, NH that I have always wanted to fly my drone at. Is there a FAA website to check ?
play.google.com/store/apps/details?id=ai.aloft.aircontrol
I hope I am not the only one that emailed them. lol literally poking the bears..... lol
While that cop was wasting your time Walter White and Jessie Pinkman just drove by in a meth lab.
When’s the lawsuit?
"if you have the time, money... This is what we need people to do. We need people to set precedents" im on it bro!! but in Portugal 🇵🇹
You had it right at one word, Pirate!
Sheriff's deputies are big on thinking their jurisdiction is omnipotent.
I've had encounters like this.
It's scandalous that they did this to you. They did it because they could. Because they knew it would be an inconvenience to you because this cop clearly had a hard on for you.
Oh my, this guy can talk? Crap back to my squad car to google what I should know. Sargent I need help
lol
Great show Ken. I hope that cop learned a thing or 2
Arguing with the officer and saying "I don;t answer questions", and "you are my public servant" is not the way to go about things. Many of the current drone laws are new and very often both cops and drone operators are not entirely clear on what you can and cannot do. But even if the officer is wrong arguing that "he's a public servant" and "I don;t answer questions" is not going to solve anything and is only going to make matters worst. The best course of action would be to cooperate, land and park the drone, and fly elsewhere. If you really feel the officer is uninformed and for whatever reason you must fly that location then instead of arguing with the cop, just stop flying that location and take the matter to a higher level and get it straightened out.
Very educational as well as entertaining. Sad and scary at the same time for us who live close to our incomes.
This feels like a failure of the FAAs part. The FAA has created all these rules and regulations and allow local law enforcement to verify your remote pilot certificate, and request any other information to determine that you are operating in a safe and responsible manner but provide no outreach or real training other than a few pdfs on their website to ensure these agencies even know what the rules are.
I work for the power company and in our area and currently there is no laws about drones flying around distribution power lines but if something happens always remember you are responsible and it could cost you thousands of dollars for transformer replacement and so on and you should never fly around substations because if your drone crashes in there that's considered trespassing and it's a federal charge
Excellent points.
I'm skeptical about that trespassing thing but you're totally right about liability of causing damage to the power company's property ( or anybody else's property)
@@jerseyshoredroneservices225 Correct, trespass requires element of *intent* . Mechanical breakdowns or act of god .. mens rea in culpability, intentionally rather than accidentally. It's always shocking how many LEO's think hunches and 'what ifs' are crimes. The amount of 'experienced' LEO's who color law and ignore our fundamental and well-established rule of law is shocking to say the least. What *is* a federal charge? It's any government official who "deprives rights under color of law". [18 U.S. Code § 242] They automatically lose qualified immunity.
As for causing damage to the power company's property ( or anybody else's property) if a commercial airline where to drop out of the sky - maybe. The primarily reason consumer drone weight is that the FAA believes that drones that are 0.55 lbs or less do not pose a significant danger to the public if something goes wrong such as when the drone crashes. The Federal Energy Regulatory Commission that monitors operational & safety regulation did not find 'light weight drones' they tested, in and by themselves - pose a substantial risk to operations. A drone carrying a pay load would be a deferent matter. Only in a police state is journalism a safety and security risk.
Full support tamsak always and bananas and a super big shoutout to this awesome host and friends in this live stream
These scenarios are just the reason why I've parked my drones for good. I wouldn't fly a drone during these times if the law needed me to.
I've only been talked to by an officer once, due to me flying next to a capital building. The guy stood there with me and read through the law point by point, to verify I was doing nothing wrong...and I showed him what I was photographing. Very simple...I'm glad that was my experience. I do not like cops who act like tyrants.
It's hard to get good people to become police as long as the war on drugs continues. Good people aren't usually willing to ruin a person's life over drugs.
I have lived a life where I use to help the state and city with fixing thier technology issues daily for 7 years. Including but not limited to helping keep the radio infrastructure up and running to reconnecting GPS systems in cop cars after officers wanted to not be found. So I've seen great things and terrible things.
After quitting I have started to see how some treat their fellow citizens. And I have encountered sitations exactly like this multiple times. It took patience and standing my ground for my rights. Informing them they were wrong which noone takes well. Thankfully I have been able to call people (Shouldn't have to call any one to be granted my rights) and not been arrested for flying or disorderly conduct for telling them no. being on the private sector end It's crazy to me the lies they will tell them selfs and you in order to impose their judgement.
We need to normalize de-escalation on both sides and referencing the law that has been broken before arrest. I see alot of cases where the town has ended up settling out of court to a victim of the police after their rights were violated because the cop thought they knew the law to the exact wording it's written.
The officers are issued a small book that is a summary of what offenses they could run into out on the road with a indexing of where to find the law in the larger state version. But often these books are used after arrest to "make charges stick" so they will pile on what ever they can hopping the court will find them guilt of one thing.
That shouldn't be normal or right
People must be patient, without patience it's just action.
Old man screaming at a police officer... how very sad. Learn some respect.
Where can I go to get a list or map of critical infrastructure sites? I have tried to do some quick google searching but have not come up with anything.
I think if it's designated there has to be a sign on the property that depicts that. I'll double check though.
Yes, you are correct. If designated as a key facility it is to be posted as such.@@KenHeron
Discrimination and harassment is illegal.
Police should be ashamed.
I Love it! ...... stand Up America! We The People 🇺🇸
Obey the law or else
The cop was a tyrant and he ignored the law, but I wouldn't fly a toy made of conductive material over a power station. I could kaboom
That cops going to start harassing the faa so they harrass u u can tell he's being vindictive
Although it wasn't much, im proud to have contributed to this fund. This is EXACTLY what I support. Ultimately, I would prefer it was proactively used to educate problem agencies BEFORE these imcidents happen. The big problem is there's no recourse for trumped up charges. They can abuse this power with zero accountability:/
Never expected to see a sovereign citizen on this channel. Why, you ask? Sorry, but I don't answer questions.
sovereign citizen using drones as the catalyst
Civil rights violation? Lawsuit?
Had a issue with a Taylor Michigan cop trying to tell me its illegal to fly in the park i laughed and kept flying he walked away looking dumb bc my spotter was a lawyer
DEFINITELY SUE!!!! Also, the prosecutor is more than likely an elected position--get the word out in mass how they abuse the office.