Drone Delivery…To Prison
News over the weekend that a South Carolina prisoner who recently escaped from jail (and was just recaptured) managed his escape by way of a drone. Convicted kidnapper James Causey arranged for delivery of the tools he needed for his escape via drone–including guns, wirecutters, fake ID, and cash.
The California legislature has twice tried to enact a law that would make it a misdemeanor (a misdemeanor!) to operate a drone on or above the grounds of a state prison or a jail but failed both times. The Governor vetoed one of the two bills, arguing that it criminalized conduct that was already prohibited, and stating that it therefore “creates increasing complexity without commensurate benefit.” The other bill died before passage.
I am unaware of any efforts to prosecute drone flight over prisons under any existing law. Even were prison guards to monitor prison fences, the most one might expect would be to intercept a drone delivery after landing. The difficulties inherent in locating and apprehending the drone operator encapsulates many of the novel legal issues surrounding drone technology that are the subject of this blog:
- May the FAA require registration of a drone? The registration process was recently overturned by a federal court, but a bill is before Congress to authorize the FAA to continue registering all drones.
- Is it illegal to operate a drone over prisons absent specific legislation? In California, it is illegal to bring prohibited items into a state prison or jail, and it is also illegal to have unauthorized communication with inmates. But it is not hard to imagine legal arguments that simply flying a drone over a prison wall does not necessarily implicate those violations.
- May a prison guard take down a drone flying over a prison? Recent California law limits the exposure to civil liability of any emergency responder for damaging a drone that interfered with the provision of emergency services. But this law likely would not apply to prison officials.
- Under what circumstances must law enforcement obtain a warrant before apprehending the drone operator – in particular if law enforcement is using anti-drone technology (or another drone) to locate the operator?
- To what extent is any State or local law governing drone flight over prison walls preempted by federal law? A bill before Congress would clarify this important question.