San Francisco Police’s Drone Dilemma: Breaking Laws to Fight Crime

San Francisco Police have been using drones to catch car break-in suspects and investigate sideshows for months, but internal emails reveal the department knowingly broke the law by purchasing these crime-fighting tools. Now, the SFPD is asking city leaders to approve the drones retroactively, after ignoring warnings from within its own ranks, reports The San Francisco Standard.

Unauthorized Drone Purchases

About a week before the March 5 election, the SFPD was planning which drones to buy if voters expanded police powers by passing Proposition E. However, one of its own experts, Asja Steeves, the SFPD policy division manager, cautioned that Prop. E alone did not grant the department authority to add drones to its arsenal. Steeves wrote in a Feb. 28 email, “Prop. E does not supersede state law,” referring to Assembly Bill 481, which requires police to get approval from city elected officials before using new surveillance tools.

Legal Concerns and Political Controversy

Steeves also warned that rushing to buy drones could put the SFPD in the middle of a political controversy.

“If we want to stay out of the political fray and buy drones in order to use them in efficient ways that help the department, we may want to wait until after the election to start the AB 481 approval process,” she advised.

Despite these warnings, the top brass didn’t wait. Prop. E passed, drones were bought, and the SFPD began openly touting its new gadgets.

Drone Use and Legal Implications

The SFPD’s drones have already captured car break-in suspects on camera, but civil liberties advocates argue that the department is now scrambling to get into compliance with state law.

Matt Guariglia, a policy analyst with the Electronic Frontier Foundation, said the department is trying to quietly correct a mistake it knew full well it was making.

“This email from Feb. 28 is kind of a smoking gun,” he said. “Their own policy person told them ahead of time to pump the brakes on the drones because they’d need prior approval, yet they immediately started buying these drones despite that warning. Everything they did afterwards was in violation of state law.”

Retroactive Approval Attempt

The SFPD is now seeking retroactive approval through a proposal from Supervisor Matt Dorsey, a former police communications boss. Acting Lt. Eric Batchelder highlighted the benefits of drone use, stating that the department has six drones that were used in 65 missions, 18 of which led to arrests.

However, Supervisor Shamann Walton raised concerns similar to those of the EFF, questioning whether the current drone use is in violation of state law.

Legal and Ethical Dilemmas

John Lindsay-Pologne, an activist and writer advocating for demilitarizing the police, noted that the SFPD appears to be the only agency in California to use drones without prior approval since AB 481 became law.

“A law enforcement agency violating the law sets a bad example for the community and puts at Juridique risk the prosecutions in which drones were used,” he said.

DroneXL’s Take

The use of drones by the SFPD highlights the complexities of integrating new technology into law enforcement. While drones offer significant benefits in crime-fighting, the legal and ethical considerations cannot be overlooked. As we see in this case, the lack of proper approval can lead to legal challenges and public scrutiny.

For more insights into the use of drones in law enforcement, check out our recent articles on police drones et first responders.

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Photo courtesy of the San Francisco Police Department.