Do You Think a Neighbor Flying a Drone Over Your Property is an Invasion of Privacy?
John there just does not seem to be a clear line here, I feel private in my back yard. I do not feel private in my front yard.
I have a nice wooden privacy fence in my back yard. If my neighbors wanted to stick their noses up against the fence and try really hard they could kind of see me through the spaces between boards.
I think our area law enforcement have 4 helicopters available to fly over head and look into our back yard.
So while I feel that I have a reasonable expectation of privacy in my backyard it already is not complete privacy. And I have no expectation that someone cannot use the free airspace from my roof to the moon. It is my land but not my airspace.
I don't like the idea of a drone flying over to view what I do in the privacy of my back yard but I do not think it elevates to violating my reasonable expectation of privacy.
Kind of a bummer. But life.
Good answer Eric. That is true that people can take a peak other ways, even in a well fenced in yard. I wonder what the law says about the airspace above one's property? I'm sure this question will be debated for decades in the courts.
The only thing is, peeking over or through a fence won't give you the pictures that a drone can give you. Some people really like the privacy of their yards. No matter how you look in that yard, it is an invasion of privacy. Just my opinion, Greg.
Good point Greg about the better view from the drone. At some point though, the airspace is just public airspace, like where planes fly. I certainly don't like someone peaking over my fence when it has happened a couple of time.
Not just anyone can fly over US airspace. That should be the same with private property. Greg
I just could not remember so I got refreshed. The subjective reasonable expectation of privacy concept is basically limited to Gov. via 4th amendment (searches and seizures). There really is no civil equivalent. Invasion of privacy is more case by ca
If it's peekin' in the windows while my family is getting changed or taking a shower, then hell yeah.
I live in a neighborhood that mostly has low chain-link fences, so my neighbors can see my whole back and front yards just by turning their heads. I don't think they'd need a drone to see what I'm up to.
If the drone was, say, hovering to peek in the windows, I would think that would be an invasion of my privacy. I have a reasonable expectation that people will not peek into the windows of my home.
Rather than an invasion of privacy, I think a drone might be a nuisance. If I'm working in the backyard, and a drone comes buzzing up, disturbing my peace, I think that's no different than my drunk neighbor stumbling into my yard. The person flying the drone should be cited as a public nuisance, and have to pay a fine for disturbing neighbors on their own property.
I was thinking of invasion of privacy, but you raise a good point Lisa about disturbing the peace. I wonder what the heck that buzzing is, like a swarm of bees, and then I realize it's a drone flying overhead. Annoying at times.
Since they can carry cameras, that is absolutely an invasion of privacy. If it is over my yard, do I have the right to knock it out of the air?
I have to agree with you there Greg. I am sure there will be court cases fought over this very matter once someone knocks a drone out of the air above their property.
Without even trying to get into any legal technicalities about the definition of "trespassing" (normally thought of as a person, himself, doing the trespassing), I'd think any old private person who owns/flies SOME things could be "trespassing".
I live in Texas. I'm sure knocking drones out of the air will become a sport here in no short order.
I would rather have my neighbor looking over my shoulder than whoever else might be spying. I think these drones are a great way to protect us from outside predators.
If the drone is peeking in the windows as others here have suggested, it is definitely an invasion of privacy. I would go further and say if it is taking photographs it is invading my privacy, whether those photos are inside my home or outside in my yard. Also, if it is streaming whatever it observes to my neighbor's computer. Or videotaping. That's a no-no.
Indeed, if it disturbing my peace with noise, or darting around at a low altitude, it is also invading my privacy and my right to have solitude, peace and quiet, on my own property. Yes, and even if it is upsetting the birds and wildlife on my property for some reason, be it noise or flying too low, it needs to go.
Given teenaged girls in our pool, yes, and I'd shoot it down, too.
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