Drones the subject of legal debates

By Leisa Boley-Hellwarth, a dairy farmer and an attorney from Celina

Drones have the potential to revolutionize agriculture, at least according to “The Huffington Post” on Dec. 13, 2013. When the mainstream media pays attention to agricultural innovations, it is noteworthy. This piece detailed various drone uses such as warding off birds from fields, pollinating trees, conducting snow surveys to forecast water supply, monitoring irrigation, and planting or harvesting crops. This discussion even concluded with a positive environmental statement that drones will enable farmers to be even more environmentally friendly because they can be even more precise when applying fertilizer, water or pesticides.

A drone is technically an “unmanned aircraft system” or “UAS” that flies without an onboard pilot, relies on GPS for guidance and contains a data link to a control station on the ground. The Federal Aviation Administration has jurisdiction over U.S. airspace. Although the FAA has not approved commercial drone usage, that is expected to change within the next several years.

The old adage “your strength is also your weakness” applies to drones. The same capability that enables a farmer to monitor and service his acreage can also be used by the government for surveillance and inspection. I’m anticipating much litigation involving drones, specifically what constitutes legal use by the government and what Constitutional protections are afforded by the Fourth Amendment right to privacy, which prohibits unreasonable searches and seizures.

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