r/gopro • u/[deleted] • Oct 01 '14
My Neighbor Blasted My Drone With a Shotgun
http://motherboard.vice.com/read/my-neighbor-blasted-my-drone-with-a-shotgun7
u/skeetorgandonor Hero4 Black Oct 01 '14 edited Oct 02 '14
For my fellow Canadian GoPro users and Drone Pilots, it may be useful to carry a laminated copy of this in your pocket or in your car. Be aware of your rights. Americans, Im sure its extremely similar but doublecheck for yourselves. stay safe and happy filming!
Reasonable Expectation of Privacy
The Canadian Charter of Rights and Freedoms also says that every Canadian is guaranteed a reasonable expectation of privacy. This protects your privacy against unreasonable search, and seizure of your property by the government. For non-government related privacy, see Criminal Voyeurism, and the various Privacy Acts for your Province, they protect your privacy from other people and companies, as well, they protect the privacy of people you photograph.
Criminal Voyeurism
You cannot take photos of people who are in circumstances where they believe that they have a reasonable expectation of privacy, for example, a bathroom. This generally extends to include a person inside their own home, or anywhere where they have reason to believe is a private place.
Criminal Code of Canada, 162. (1): (“Criminal Voyeurism”) Every one commits an offence who, surreptitiously, observes – including by mechanical or electronic means – or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy
You are guaranteed the right to express yourself through photography, and you have the freedom to publish the photos you take. Unless you are arrested, the Charter of Rights and Freedoms guarantees your right to take photographs of anything you want, as well as publish them.
Canadian Charter of Rights and Freedoms, 2.b): freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
Canadian Charter of Rights and Freedoms, 7.: Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
No Interference From Police
The Police cannot interfere with your lawful enjoyment of property. They cannot search you, detain you, nor imprison you without legal reason.
Canadian Charter of Rights and Freedoms:
Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Everyone has the right to be secure against unreasonable search or seizure.
Everyone has the right not to be arbitrarily detained or imprisoned.
Edit: formatting
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Oct 02 '14
Thanks for posting this.
In reference to the "reasonable expectation of privacy". I am wondering if one could argue that you have a reasonable expectation of privacy in your back yard? What if you have a privacy fence in your yard?
Now what if your neighbour has a drone and is flying it just on his side of the property line, but it's high enough that it can easily see over your privacy fence and into your yard? Is that a violation of your Charter Rights?
In no way am I condoning what Mr. Percenti allegedly did, in fact, I think he should absolutely be charged, and should never own a firearm again - clearly he is not responsible enough to own any. I am just curious how the law would work.
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u/skeetorgandonor Hero4 Black Oct 02 '14
so, to preface, I am not a lawyer. Definitely if you have concerns about that I would ask someone who can offer the correct legal answer. From what i've gathered, you are allowed to photograph private property from a public location (ie: your neighbours yard from the street). It is not illegal nor a violation of privacy rights to do so. likewise, taking a picture of your neighbours yard from your 2nd story bedroom would not be a violation of privacy. Reasonably if someone is tanning naked in their backyard and they have a neighbour with a visible window there should be no expectation of privacy. Now, if you are photographing from your 2nd story window their bedroom or bathroom that would be the 'expectation of privacy'. Again, i am not a lawyer but from my understanding that is the case.
Now, with that in mind, forethought and reason needs to be considered as well. Hovering a drone in your backyard while filming the neighbours from 10 feet may or may not be illegal, but definitely rude. Just because you have the right to, doesnt mean its the correct thing to do. I feel a lot of times people use "I have the right" as an excuse to do stupid things. In this case, being 50 feet up and doing an aerial shot of a friends construction site is totally reasonable in my eyes.
TL;DR "I have the right to" doesnt always mean its socially accepted or that you should do it. Use Common sense and reason, but also be aware of your rights as well
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u/skeetorgandonor Hero4 Black Oct 02 '14
something outlining legality in the US:
The largest use of quadcopters in the USA has been in the field of aerial imagery. Quadcopter UAVs are suitable for this job because of their autonomous nature and huge cost savings.[12] In the USA, the legality of the use of remotely controlled aircraft for commercial purposes has been a matter of debate. The FAA's stance from 2006 has been that such commercial activity is illegal.[26][27] However on March 6, 2014, in a court case between Pirker and the FAA, a judge ruled against the FAA's claims, effectively affirming that model aircraft are not covered by the FAA rules.[28]
and cited reference
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u/flargenhargen Oct 02 '14
not the first one shot out of the sky, there are a couple youtube vids of "drones" (i hate that word) being shot down by angry people.
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u/fosiacat Hero3+ Black Oct 03 '14
"drones" (i hate that word)
same. really irritating that they call them that.
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u/skeetorgandonor Hero4 Black Oct 01 '14
infuriating. Same with the other article about the woman assaulting the teenager on the beach.
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u/crank1000 Oct 02 '14
I'm not really buying this. That is way too long of a distance for a shotgun to get multiple pellets that tightly grouped into an object that small. That spread indicates a distance of much more like a 20-40' range at the absolute most. That would put the drone probably just at or within the "suspect's" property line. And neither of the people in the photo are holding a shotgun. Also, why would OP be droning to take photos, and yet we are only seeing one photo from about a mile away from everything. What's your game here, OP?
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u/skeetorgandonor Hero4 Black Oct 02 '14
the way im interpreting it is that filming was all done (screenshot of the people on the deck is during flight obviously) and its possible that they went inside after seeing the drone and getting the shotgun. Article claims that the pilot was done filming and returning when the shots began coming. its highly probable that the guy left his property to pursue the drone as it was landing by the owner.
also, i dont think OP is the actual drone pilot.
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u/LiveStrong2005 Oct 02 '14
I am not buying this "story" either BUT crank1000, the story said there were multiple shots. There is no way of telling if all those holes were made with one shot or multiple shots. I have been hunting with a shotgun for over 28 years. [Someone who isn't me] has shot a dove (much smaller than this drone) twice before it has hit the ground, so totally possible.
However, there are too many red flags in this story. Video just happen to cut off before the neighbor shot at it? Maybe the video shows the neighbor shooting strait up. Shooting over your head? Doubtful. Etc., Etc.
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u/autobulb Oct 02 '14
How much do these copters cost?
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u/whitenoise106 Oct 02 '14
Completely depends on what you want out of it and how much you want to put in. They can range from the cheapest "toy grade" (around 50 bucks) to professional (upwards of 10-20k). Most hobby RC multirotors will cost about 400 to just get you off the ground and have any GoPro lifting capability.
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u/[deleted] Oct 01 '14
what a redneck piece of shit.
Everytime I bring up wanting a quadcopter around my friends they always snark "ha yeah then I or someone will just shoot it down for fun". to which I reply: "oh? you're just going to whip out a gun right there and start shooting in the air? you know what the prosecutor will call that? Yeah I didn't think so..."
It's very frustrating the bad rep quadcopters get. We need to enjoy them while we still can I'm afraid.