MATTHEW D. POWELL Lubbock County Courthouse 

904 Broadway 

CRIMINAL DISTRICT ATTORNEY 

P.O. BOX 10536 

LUBBOCK, TEXAS 79408-3536 

Second Floor 

Lubbock, Texas 79401 

(806)775-1100 Fax (806)775-7930 

Administrator 

Anthony Holcomb 

First Assistant District Attorney 

Wade Jackson 

Chief Investigator 

Todd Smith 

Appellate Division 

Jeff Ford - Chief 

Lauren Murphree-Expunctions 

- Grand Jury/Intake -Division 

Trey Hill- Deputy D.A. 

Eddie Wharff 

Victim Assistance Coordinator. 

Laney Dickey 

Juvenile Division 

Kim Hayes - Chief 

Jeri Leigh Thornesberry 

Civil Division 

Neal Burt- Chief 

Donna Clarke 

Deirdre Ward-CPS 

Theresa Ratliff-CPS 

Kacee Harvey-CPS 

Morgan Vaughan-Forfeitures 

Felony Chief 

Sunshine Stanek- Deputy DA 

Narcotics/Property Crimes 

Mandi Say 

Asst DA - Felony 

Barron Slack 

Intoxication Cases/Misd Chief 

Tom Brummett 

137'" District Court 

Laura Beth Fossett- Chief 

Ashley Davis 

-- ' Chris Schulte 

140'" District Court 

Traci Bowman - Chief 

Jessica Schneider 

Neal Spradlin 

364'" District Court 

Aaron Moncibaiz - Chief 

Courtney Graff! 

Cara Landers 

County Court at Law #1 

Ryan Brooke- Chief 

Greg Jerman 

Cassie Nesbitt 

County Court at Law #2 

Ginny Shewmake - Chief 

Craig Oglesby 

Domestic Violence 

Jennifer Slack 

Office of the Criminal District Attorney 

January 7, 2016 

U.S. Department ofTransportation 

Docket Management System 

1200 New Jersey Ave., SE Washington, D.C. 20590 

Re: Petition of the Lubbock County (Texas) Criminal- - ~ ... ~,) 

District Attorney's Office for Exemption from Certain 

Federal Aviation Regulations to Operate Unmanned 

Aircraft Systems Pursuant to Section 333 of the FAA 

Modernization and Reform Act 

Dear Sir or Madam:. 

Pursuant to Section333 of the FAA Modernization and Reform Act ("FMRA") 

and 14 C.F.R. part 11, the Lubbock County (Texas) Criminal District Attorney's 

Office ("LCCDA") hereby petitions the Federal Aviation Administration ("FAA") 

for exemption from 49 U. S.C. 40125, 14 C.F.R. §§ 61.23(a) and (c), 

61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.15l(a)(l), 

91.405(a), 91.407(a)(l), 91.409(a)(l) and (2), and 91.417(a) and (b), and any other 

rules the FAA deems necessary, to enable LCCDA to operate unmanned aircraft 

systems ("UAS") for aerial photography. Specifically, LCCDA seeks to operate 

UAS for crime scene photography in preparation for criminal trials using 

the DJI Phantom 2 Vision and the DJI Inspire l. 

I. PROPOSED OPERATIONS AND PUBLIC INTEREST BENEFITS 

Lubbock County (Texas) Criminal District Attorney's Office would oe 

classified as a mid-sized prosecutor's office responsible for the prosecution of 

felony and misdemeanor cases in Lubbock County, Texas. Situated in the 

panhandle of Texas and surrounded by numerous rural counties, the LCCDA 

strives to present criminal trials to our juries in the most effective way possible. 

Photographing a crime scene as it occurs or prior to trial is a must in today's 

modern courtroom. These cases often occur outdoors and require aerial 

photography to illustrate the crime scene, witness location and area surrounding 

the crime as well as many other factors. 

At this time there are two ways of obtaining the aerial images needed in trial. 

The first is using satellite imagery such as Google, Bing or Pictometry. While 

free and convenient, it is rare that this satellite imagery is consistent with the 

landscape at the time of the crime being prosecuted. Many months normally 

separate the time of the crime from the time of the imagery and do not always 

give thebest view of the situation as it occurred. While this imagery is suitable 

for viewing large areas, the resolution decreases dramatically as individual 

properties are viewed. 
The second way of collecting aerial images is to utilize the Texas Department of Public 

Safety helicopter assigned to the Lubbock area. It is available for crime scene photography 

but the expense (over $1000.00 per hour) makes it cost prohibitive for all cases going to trialeven though aerial photography is needed and the time needed to get it into the air precludes 

it from being used in criminal wreck scenes that require timely removal from a roadway. 

Vehicle locations are marked and the helicopter is generally utilized at a later time to record 

those markings. In addition, the helicopter is limited in how far it may descend thus raising 

the same issues found in satellite imagery. Boom trucks and climbing structures have also 

been used for this important collection of evidence. 

For the reasons mentioned above, it is of great public interest that the LCCDA be allowed 

the use of this new UAS technology in two specific areas: 

Trial Preparation 

"Active" Crime Scene Documentation 

In today's modern courtroom, there is nothing as important as showing the scene of the 

crime to a jury. This simply allows for the crime to be placed in the proper context. A good 

example would be a DWI stop- where the in car video and body camera of the officer focuses 

on the interaction with the suspect but fails to document the location of the stop as well as 

those things in the vicinity, Being able to quickly, easily and economically photograph these 

scenes is a must. This is one of the most basic components of criminal trial preparation. 

Active crime scene documentation would primarily involve the photographing of wrecks 

that may involve criminal activity. This would allow for photographing the vehicles involved 

in situ and aid the jury in understanding the issues involved in the wreck. It would also assist 

in "reconstructing" the wreck and would also give a real time look at the road conditions and 

other factors that may have contributed to the event. 

ALL photography would be done on public locations or private property where consent 

(or court order) has been obtained and these operations will carry minimal risk to investigators 

and the public by eliminating the dangers associated with conducting these activities in a manned 

aircraft.· As discussed in more detail below, the LCCDA ·is committed to the safe operation_ofits_ 

UAS, and will adhere to stringent operating conditions in conformity with past grants of 

exemption. These conditions ensure that the LCCDA will operate safely in the national airspace, 

mitigate the risks of harming other aircraft or people or property on the ground, and present no 

threat to national security. 

II. THE UAS 

LCCDA requests an exemption to operate the DJI Phantom 2 Vision and the DJI Inspire 1, 

both of which are well below 55 pounds including payload. 
III. REQUEST FOR EXEMPTION 

In addition to the exemptions requested by civil aircraft for commercial purposes, the LCCDA 

is requesting exemption from 49 U.S.C. 40125. Based on the usage described above, it is clear the 

LCCDA would be utilizing the UAS in a situation more similar to commercial users than that of 

most first-responder law enforcement agencies. 

Primarily, the requirement of a licensed pilot being on site for the flights as set out for Public 

Usage (Governmental) UAS is simply unreachable for most agencies the size of the LCCDA and 

smaller. While some agencies may happen to have an employee that is a licensed pilot, most 

agencies do not and the requirement of training and maintaining a pilot is an undue burden being 

placed on agencies that other civil UAS and hobbyists do not have to meet. Even the cost involved 

in purchasing and maintaining a UAS for the smaller agencies in our area precludes them from 

using thistechnolagy, these~exempt-ions woulcLallow LCCDAto assist these other agencies with 

their trials. - - - ·· 

III. APPLICANT INFORMATION 

The name and contact information of the applicant is: 

Todd Smith 

Chief Investigator 

Lubbock Co. Criminal District Attorney's Office 

Box 10536 

Lubbock, Texas 79408-3536 

I 

Regulations from which exemption is requested : 

49 u.s.c. § 40125; 

14 C.P.R. §§ 61.23(a) and (c); 

14 C.P.R.§§ 61.101(e)(4) and (5); 

14 C.P.R.§ 61.113(a); 

14 C.P.R. § 61.315(a); 

14 C.P.R. § 91.7(a); 

14 C.P.R.§ 91.119(c); 

14 C.P.R. § 91.121; 

14 C.P.R.§ 91.15l(a)(l); 

14 C.P.R. § 91.405(a); 

14 C.P.R. § 91.407(a)(l); 

14 C.P.R. §§ 91.409(a)(l) and (2); 

14 C.P.R.§§ 91.417(a) and (b). 
-------------------

IV. OPERATING PARAMETERS 

LCCDA will adhere to the following operating parameters when operating UAS pursuant to a 

grant of the requested exemptions: 

1. Operations will be conducted using the DJI Phantom 2 Vision and the DJI · 

Inspire I. 

2. The UAS will not be operated at a speed exceeding 30 miles per hour, at an altitude 

greater than 400 feet above ground level, or, when visibility is less than 3 statute miles, 

less than 500 feet below or 2,000 feet horizontally from a cloud. 

3. All operatiorrs·wiltbe -conducted..fn accOJxiance withaCertificat~ of W11ivero! __ 

Authorization ("COA''). 

4. All operations will use a pilot-in-command ("PIC") and a visual observer ("VO"), and the 

UAS will remain within the visual line of sight of the PIC or the VO at all times. The 

PIC will maintain VLOS capability and the ability to communicate verbally with the VO 

at all times. 

5. The PIC and VO will be trained in the proper operation and piloting of the UAS and 

demonstrated the ability to safely operate the UAS in a manner consistent with how the 

UAS will be operated under this exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from persons, vessels, vehicles and 

structures. 

6. LCCDA's operating documents will be accessible during UAS operations and made 

available to the Administrator upon request. 

7. Prior to each flight, the PIC will conduct a pre-flight inspection and determine the UAS 

is in a condition for safe flight. If the inspection reveals a condition that affects the safe 

operation of the UAS, the UAS will not be operated until the necessary maintenance has 

been performed and the U AS is found to be in a condition for safe flight" 

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, will undergo a 

functional test flight prior to conducting further operations under this exemption. 

9. LCCDA will follow the UAS manufacturer's maintenance, overhaul, replacement, 

inspection, and life limit requirements, as well as safety bulletins, for the aircraft 

and aircraft components. 

10. The PIC will abort the flight in the event of unpredicted obstacles or emergencies, 

and will yield to all manned aviation activities. 

11. LCDAA has registered and mark its UAS in accordance with 14 C.P.R. parts 47 and 45. 
V. THE FAA'S AUTHORITY TO GRANT THIS PETITION 

The FAA has authority to grant the exemption requested herein under the FMRA and the 

Federal Aviation Act. Section 333 of the FMRA deals specifically with integrating UAS into 

the national airspace, and directs the Secretary of Transportation to determine which UAS, "as a 

result of their size, weight, speed, operational capability, proximity to airports and populated 

areas, and operation within visual line of sight do not create a hazard to users of the national 

airspace system or the public or pose a threat to national security. "

3 Section 333 further directs 

the Secretary to "establish requirements for the safe operation of such aircraft systems in the 

national airspace system."4 The Federal Aviation Act authorizes the Administrator ofthe FAA 

to grant exemptions from regulations prescribed under certain provisions of the Act where such 

exemptions are in the public interest. 

- -------

VI. CONCLUSION 

As demonstrated above, allowing this exemption will garner significant public benefits for 

the citizens of Lubbock County and the surrounding areas ofthe Texas Panhandle while 

presenting minimal safety risks. The LCCDA respectfully requests that the FAA grant this 

petition to enhance our ability to provide this important evidence in criminal trials. 

Please feel free to contact LCCDA Chieflnvestigator Todd Smith (tsmith@lubbockcda.com) at 

806.775.1195 or Investigator Nick Simpson (nsimpson@lubbockcda.com) at 806.775.1188 with 

any questions about this filing.