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Kentucky man shoots down drone hovering over his backyard

10,467 Views | 75 Replies | Last: 8 yr ago by RK
WildcatAg
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quote:
The way William Merideth sees it, it's pretty clear-cut: a drone flying over his backyard was a well-defined invasion of privacy, analogous to a physical trespassing.
Not knowing who owned it, the Kentucky man took out his shotgun and fired three blasts of Number 8 birdshot to take the drone out.

"It was just right there," he told Ars. "It was hovering, I would never have shot it if it was flying. When he came down with a video camera right over my back deck, that's not going to work. I know they're neat little vehicles, but one of those uses shouldn't be flying into people's yards and videotaping."

Minutes later, a car full of four men that he didn't recognize rolled up, "looking for a fight."

"Are you the son of a ***** that shot my drone?" one said, according to Merideth.

His terse reply to the men, while wearing a 10mm Glock holstered on his hip: "If you cross that sidewalk onto my property, there's going to be another shooting."
arstechnia.com


Video Interview with Merideth
Knucklesammich
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We have someone in our neighborhood doing the same thing to homes on the greenbelt. Wonder what the rules are in Texas for these things hovering on private property?
aggielostinETX
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Can't say I fault him
aTm2004
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It took 3 shots to hit a stationary object?
txaggie02
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quote:
It took 3 shots to hit a stationary object?

That's what happens when you don't use Black Cloud.
Ag for Life
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quote:
It took 3 shots to hit a stationary object?
You have to leave your plug in for drone hunting.
OnlyForNow
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Extra full turkey choke is what I would use.

And if you can legally discharge a firearm on your property then in Texas you do have some kind of aerial easement over your property I believe...

I know we always get the sheriff called on us when we do vegetation or bird monitoring via helicopter, and we stay above 250 feet.
schmellba99
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quote:
Can't say I fault him

This. No different than the owner walking in your backyard with a video camera when you really think about it.

Sometimes technology, and the massive advances we make with it on a seemingly daily basis, scares me.
texrover91
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I think drones are cool but damn what do people expect? You know you're going to piss people off. Just because you can doesn't mean you should.

If you don't know your neighbors well enough to pop over their fence uninvited then keep your drone to yourself or at least high enough to not be a nuisance (which is entirely subjective) but out of range of standard 12ga 8 shot would be a start

Law in texas give a general limit to private property over your property - I forget the standard - but it's been established but I can't find the link now. Not sure if there is case law specific to texas re drones (yet)
Sentinel
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I think there was a Supreme Court case that discussed this. Not sure if it directly applies. Basically you have reasonable ownership of the airspace over your property. If you didn't, you wouldn't be able to build a fence or plant a tree. I'm willing to bet that the drone was well within the owner's property.
OnlyForNow
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If he shot it with #8 shot, we're talking most likely less than 100 feet from him when he shot it.
Boats and Hose
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quote:
quote:
"Are you the son of a ***** that shot my drone?" one said, according to Merideth.

His terse reply to the men, while wearing a 10mm Glock holstered on his hip: "If you cross that sidewalk onto my property, there's going to be another shooting."

powerbiscuit
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The city recently tried to buy an avigation easement above my house.
gibberish
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But was it lured on to his property?

Tom Hagen
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quote:
It was hovering, I would never have shot it if it was flying.

That is the key quote.
combat wombat™
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The drone could have been casing his home for a later robbery. There is no legitimate reason for strangers to fly drones over your property and hover there for any length of time, IMO.
RGRAg1/75
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Unfortunately, the burden of proof will likely fall on the landowner in these cases. The "aerial easement" could be 500', but you're going to have to provide forensic evidence that it was inside that range.

I would've shot it down too, FWIW
aggielostinETX
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quote:
Unfortunately, the burden of proof will likely fall on the landowner in these cases. The "aerial easement" could be 500', but you're going to have to provide forensic evidence that it was inside that range.

I would've shot it down too, FWIW


Pretty simple with 8 shot.
Texan76
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quote:
Unfortunately, the burden of proof will likely fall on the landowner in these cases. The "aerial easement" could be 500', but you're going to have to provide forensic evidence that it was inside that range.

I would've shot it down too, FWIW
No it will not. In a criminal case it will be the state's burden to prove all elements of the alleged crime beyond a reasonable doubt. And there is a presumption of innocence. The homeowner also does not have to testify to incriminate himself. Finally, a lot of people hate drones. Damn good chance of jury nullification freeing the homeowner.

In a civil case it is a preponderance standard and the drone operator plaintiff has the burden of proof. And, even if he wins a lawsuit, it is very hard to collect a civil judgment unless your defendant is worth about 8 figures. (And homeowner's insurance nor any other insurance does not cover intentional acts so there won't be a policy to go after).
RGRAg1/75
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I don't disagree. My point is, unless we get some law in place soon, you're still going to get arrested, like the guy from Kentucky, and pay bail, court costs, etc until you can prove you made a "clean shoot."
RGRAg1/75
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So why, in your opinion, did the guy from Kentucky end up in jail? Illegal discharge of a firearm? Article wasn't clear on charges.

And regarding suits, etc, landowner still going to have to pony up some cash (yea yea he can recover those later) to get it resolved.

BS in my opinion.
AgEng06
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The only thing I see the authorities being able to get the homeowner on is the possibility that his shot crossed his property line. Other than that, I think he's good with reason to shoot the drone down.
Centerpole90
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quote:
Sometimes technology, and the massive advances we make with it on a seemingly daily basis, scares me.
I know you mean this in a general sense and I completely agree with you. With regard to R/C aircraft it is even more alarming and to some degree threatens the hobby.

I've tinkered with R/C since the late 1980's. When I started MOST aircraft were balsa kits and took days and days to build or longer. There were some almost ready to fly kits, but they were still kits and required a bit of assembly. Because of the time invested in learning to fly this thing you just spent a month building it was a good idea to go to a local club and learn from someone with experience how to fly. As part of that process we learned about the responsibilities of operating R/C aircraft. Everyone was encouraged to join Academy of Model Aeronautics and follow their guidelines so they would be covered by AMA's umbrella insurance policy. Fixed wing was far and away most common airframe; helos were terribly expensive and very, very difficult to learn to fly.

Today, with inexpensive on-board flight controllers and quadcopters there is NO training necessary. If you've played a video game you can send $600 to DJI and when you're Phantom arrives you can fly until you're heart's content without any help. I think that's great and it has introduced a lot of people to a new hobby, but it has cut out a part of the process that helped older experienced members teach and train younger enthusiasts a LOT MORE than just HOW to fly.

I watch video clips on youtube of people flying their quad is places that just scares the hell out of me. Things my kids and I would never do because it's not responsible R/C operation and runs the risk of threatening the hobby for all of us.

People are going to keep pushing this and I'm afraid it's just a matter of time before someone's Phantom gets sucked up into a commercial airliners turbine because they're trying to get some cool footage by the airport. The ensuing loss of life and tragedy will be devastating way beyond our hobby. When it happens and we lose the privilege of operating remote controlled aircraft in this country I can't say I'll be surprised.
schmellba99
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quote:
I don't disagree. My point is, unless we get some law in place soon, you're still going to get arrested, like the guy from Kentucky, and pay bail, court costs, etc until you can prove you made a "clean shoot."

I hate this mentality. Not disparaging the poster, just the mentality that we need new and more laws to cover every single individual situation that might possibly arise instead of just applying existing laws with a smidge of "no ****, Sherlock" logic.

Additionally, the idea that one might get arrested when there is no specific law that could be violated goes against common sense.
Ark03
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quote:
Today, with inexpensive on-board flight controllers and quadcopters there is NO training necessary. If you've played a video game you can send $600 to DJI and when you're Phantom arrives you can fly until you're heart's content without any help. I think that's great and it has introduced a lot of people to a new hobby, but it has cut out a part of the process that helped older experienced members teach and train younger enthusiasts a LOT MORE than just HOW to fly.

I'll tell you the problem with the scientific power that you're using here, it didn't require any discipline to attain it. You read what others had done and you took the next step. You didn't earn the knowledge for yourselves, so you don't take any responsibility for it. You stood on the shoulders of geniuses to accomplish something as fast as you could, and before you even knew what you had, you patented it, and packaged it, and slapped it on a plastic lunchbox, and now ... your scientists were so preoccupied with whether or not they could that they didn't stop to think if they should.
aggielostinETX
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"With great power comes great responsibility."....

wonder if weenie boy wet his pants when he saw a 10mm on the homeowners hip?
Bitter Old Man
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That's the Chaos Theory...
AgEng06
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quote:
quote:
Today, with inexpensive on-board flight controllers and quadcopters there is NO training necessary. If you've played a video game you can send $600 to DJI and when you're Phantom arrives you can fly until you're heart's content without any help. I think that's great and it has introduced a lot of people to a new hobby, but it has cut out a part of the process that helped older experienced members teach and train younger enthusiasts a LOT MORE than just HOW to fly.

I'll tell you the problem with the scientific power that you're using here, it didn't require any discipline to attain it. You read what others had done and you took the next step. You didn't earn the knowledge for yourselves, so you don't take any responsibility for it. You stood on the shoulders of geniuses to accomplish something as fast as you could, and before you even knew what you had, you patented it, and packaged it, and slapped it on a plastic lunchbox, and now ... your scientists were so preoccupied with whether or not they could that they didn't stop to think if they should.
Bravo
agfan2013
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Nice Jurrassic Park reference well done.


I own a Phantom drone and actually do worry that idiots like this will cause really heavy legislation to come down on owners. The guys shooting the drone should have taken a video of the drone hovering over him and had more proof, but hindsight is always 20/20. I'd be pissed too if one hovered over my house (and living in the country Id be more inclined to shoot it down than he probably was).
texrover91
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Does Eyeguy carry Tactacam?

Finally tacticool is a solution with a problem!

RGRAg1/75
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quote:
quote:
I don't disagree. My point is, unless we get some law in place soon, you're still going to get arrested, like the guy from Kentucky, and pay bail, court costs, etc until you can prove you made a "clean shoot."

I hate this mentality. Not disparaging the poster, just the mentality that we need new and more laws to cover every single individual situation that might possibly arise instead of just applying existing laws with a smidge of "no ****, Sherlock" logic.

Additionally, the idea that one might get arrested when there is no specific law that could be violated goes against common sense.


Lol. You're expecting who to use logic? The cops or the courts?

I'm not going to turn this into a cop bashing thread, but let's not assume anyone is going to use logic in any situation.

You're argument that all we need to do is apply "logic" and "common sense" just doesn't reflect reality, unfortunately.

If this were you, when they slapped the bracelets on you, you'd wish there was a law or statute in place that someone could reference to keep you out of jail.

As for me, I won't expect anyone's logic or common sense to keep me out of jail. I will rely on my own.
DayAg!
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S
Between me and my neighbors, it would be like a gauntlet. On any given day some one is out bustin caps around me all the time. I pity the fool that wanders around out here.
Finn Maccumhail
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Drones are a cool technology but if you're operating one and can't see the issues in hovering over somebody's private property as in this case you're part of the problem. I absolutely support what this dude in Kentucky did and he should not have been arrested.

That being said, using drones to get shots like these of the SPI jetties is the proper use:





Or videos like this:

https://player.vimeo.com/video/99275308
Ol Jock 99
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I think there are a LOT of questions to be answered before calling this a "good shoot".

-Where does the guy live? Let's assume he's on the edge of some public property. The flyers could have simply "parked" it on the property line by accident while figuring out the best route for their next pass.

-Were they taping or photoing his property? There is ZERO way he knows that by simply looking at the bird. They aren't taping/photographing the whole time. But that question can be easily answered once the bird is recovered. Pop the SD card and see (assuming it wasn't hit by a pellet).

-How long was it "parked" over his property? Go back to question one. He sees the bird flying around perfectly appropriately, goes and grabs his shotgun, and the moment it stops, BAM.

Obviously those questions are biased towards the flyers. But as someone with a copter (shocking right?), I find the idea of the flyers randomly picking some dude's house to scope out and tape really far fetched.
aggielostinETX
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Few have the same morality as you
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