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HomeMy WebLinkAbout07(A) - Public Hearing to Adopt Prior Lake Police Departments Use of Unmanned Aerial Vehicles Policy ReportPolicy 606 Prior Lake Police Department Policy Manual Copyright Lexipol, LLC 2025/03/03, All Rights Reserved. Published with permission by Prior Lake Police Department ***DRAFT***Unmanned Aerial System - 1 Unmanned Aerial System 606.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the use of an unmanned aerial system (UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS. 606.1.1 DEFINITIONS Definitions related to this policy include: Unmanned aerial system (UAS) - An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled without the possibility of direct human intervention from within or on the aircraft (commonly referred to as an unmanned aerial system (UAS)), and all of the supporting or attached systems designed for gathering information through imaging, recording, or any other means (Minn. Stat. § 626.19). 606.2 POLICY A UAS may be utilized to enhance the Department's mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. 606.3 PRIVACY The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations. 606.4 UAS PROGRAM COORDINATOR The Chief of Police will appoint a program coordinator who will be responsible for the management of the UAS program. The program coordinator will ensure that policies and procedures conform to current laws, regulations, and best practices. •Ensure all flight activities are following FAA Part 107. •Ensure all operators are currently licensed by the FAA and observers have completed department-approved training. •Develop a uniform protocol for deploying a UAS, including urgent requests during ongoing or emerging incidents. •Developing an operational protocol governing the deployment and operation of a UAS, including, but not limited to, safety oversight, and use of visual observers. Prior Lake Police Department Policy Manual Unmanned Aerial System Copyright Lexipol, LLC 2025/03/03, All Rights Reserved. Published with permission by Prior Lake Police Department ***DRAFT***Unmanned Aerial System - 2 •Developing a protocol for fully documenting all flights. •Developing a UAS inspection, maintenance, and record-keeping protocol to ensure the continuing airworthiness of a UAS, up to and including its overhaul or life limits. •Developing protocols to ensure that all data intended to be used as evidence are accessed, maintained, stored, and retrieved in a manner that ensures its integrity as evidence, including strict adherence to the chain of custody requirements. Electronic trails, including encryption, authenticity certificates, and date/time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody. •Developing protocols that ensure retention and purge periods are maintained in accordance with established records retention schedules. •Recommending program enhancements, particularly regarding safety and information security. •Ensuring that established protocols are followed by monitoring and providing periodic reports on the program to the Chief of Police. •Completion of all required Minnesota Bureau of Criminal Apprehension and FAA reports. 606.5 USE OF UAS Only authorized operators who have completed the required training shall be permitted to operate the UAS. Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order. In all other instances, legal counsel should be consulted. UAS operations should only be conducted consistent with FAA regulations. Members shall not use a UAS without a search warrant, except (Minn. Stat. § 626.19): 1.During or in the aftermath of an emergency situation or disaster that involves the risk of death or bodily harm to a person. 2.Over a public event where there is a heightened risk to the safety of participants or bystanders. 3.To counter the risk of a terrorist attack by a specific individual or organization if the agency determines that credible intelligence indicates a risk. 4.To prevent the loss of life or property in natural or man-made disasters and to facilitate operation planning, rescue, and recovery operations. 5.To conduct a threat assessment in anticipation of a specific event. 6.To collect information from a public area if there is reasonable suspicion of criminal activity. Prior Lake Police Department Policy Manual Unmanned Aerial System Copyright Lexipol, LLC 2025/03/03, All Rights Reserved. Published with permission by Prior Lake Police Department ***DRAFT***Unmanned Aerial System - 3 7.To collect information for crash reconstruction purposes after a serious or deadly collision occurring on a public road. 8.Over a public area for officer training or public relations purposes. 9.For purposes unrelated to law enforcement at the request of a government entity, provided the request is in writing and specifies the reason for the request and a proposed period of use._ 606.6 PROHIBITED USE The UAS video surveillance equipment shall not be used: •To conduct random surveillance activities. •To target a person based solely on actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability. •To harass, intimidate, or discriminate against any individual or group. •To conduct personal business of any type. •In any other manner prohibited by law. The UAS shall not be weaponized. 606.7 LIMITATIONS ON USE In accordance with Minn Stat. 626.19 Subd 4, the use of the UAS has the following limitations: 1.UAS operators using a UAS must comply with all Federal Aviation Administration requirements and guidelines; 2.UAS operators must not deploy a UAS with facial recognition or other biometric- matching technology unless expressly authorized by warrant; 3.UAS operators must not use a UAS to collect data on public protests or demonstrations unless expressly authorized by a warrant or an exception applies under Minn Stat 626.19 Subd 3, unless a warrant was obtained. 606.8 DOCUMENTATION REQUIRED Each use of the UAS must be documented, associated with a unique case number, provide a factual basis for the use of the UAS, and identify the application exception under Minn Stat 626.19 subd. 3, unless a warrant was obtained. 606.9 RETENTION OF UAS DATA Data collected by the UAS shall be retained as provided in the established records retention schedule and as detailed in MN State Statues 626.19 Subd. 6. Prior Lake Police Department Policy Manual Unmanned Aerial System Copyright Lexipol, LLC 2025/03/03, All Rights Reserved. Published with permission by Prior Lake Police Department ***DRAFT***Unmanned Aerial System - 4 606.10 REPORTING The Department will comply with the annual reporting requirements set forth in MN State Statute 626.19 Sub 12. By January 15th of each year the Prior Lake Police Department shall report to the commissioner of public safety the following information for the proceeding calendar year: •The number of times a UAV was deployed without a search warrant, identifying the date of deployment and the authorized use of the UAS under Minn.Stat. 626.19 Sub 3 and •The total cost of the Prior Lake Police Department's UAS program.