In Texas, can police fly a drone over your home? Here’s the state’s privacy law explained (2024)

Ella Gonzales

·3 min read

If you fly your drone over your neighbor’s property, be prepared to pay a fine of up to $10,000. But if it’s the police that are flying drones over your backyard, it’s perfectly legal.

Texas Privacy Act allows the police to fly unmanned aerial vehicles, or drones, over your property if they have reasonable suspicion that you are committing a crime. You will not be met with guns blazing from a flying robot, but you may be met with an impromptu picture opportunity. Smile!

Police drones are department equipment. They are much like civilian drones that you can purchase at Best Buy, and they are always unarmed. Their main purpose is for video surveillance. In the U.S., over 1,400 police departments use drones.

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If one enters your propertyit would be illegal to shoot it down. Federal Law permits the shooting down of aircraft or drones as a felony. Those caught doing so will pay a fine of $250,000 and face prison.

Police are not the only ones to employ drones. The unmanned aerial vehicles are used for real estate, aerial photography, industrial inspections, agriculture and even work for insurance companies. The Federal Aviation Administration predicts the commercial drone fleet in the U.S. to be around 955,000 by 2027.

Cities are already awash in traffic lights and security cameras, what’s the use of the extra pair of eyes? Why do police need this technology?

Why do Texas Police need drones?

The first emergence of police using drones was in Chula Vista, California. They began using drones in 2018 as a way to inspect crime scenes before dispatching a team of investigators. After someone would call 911, the department would send a drone to determine how to properly approach the emergency.

Their response time improved significantly, with a response time of under two minutes. Other surrounding departments had an average response time of 20 minutes, sans drones.

“In one frequently cited example, 911 received a call about a man waving around a gun in front of a taco restaurant. A Chula Vista police drone arrived in 84 seconds, and before officers could make it onto the scene, the operator used the drone video to determine that the “gun” was actually a cigarette lighter.

This isn’t just another weird California tech project, this is a common sight in Texas as well. While the robots are unmanned and unarmed, they are used primarily as a tool of surveillance. On rare occasions, they are used to track fleeing vehicles.

Are Texans protected from police drone intrusions?

Texans love their privacy. But there is really nothing you can do if a police drone flies into your yard. Here’s the law that allows them to fly their UAVs.

“Texas Privacy Act states that it is also lawful for aerial drones to be used to capture images on private property as long as the property is located within 25 miles of the U.S. border, which includes a significant portion of land in the El Paso area.” according to the Rosales Law Firm.

If you are approached with a drone in your backyard, here is what you should do.

  • Call police to ensure that it is their equipment— or inquire why their equipment is looking at your property, ask about your legal rights.

  • Stephens Law firm from Fort Worth suggests calling a drone injury lawyer if the drone causes damage.

  • Call the Federal Aviation Administration at 866-TELL-FAA if the drone is being operated in an unsafe manner, not if you think it is spying on you.

You also can check in on drone laws in Texas if you want to further understand recreational and commercial regulations.

In Texas, can police fly a drone over your home? Here’s the state’s privacy law explained (2024)
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