### MATTHEW D. POWELL LubbockCounty Courthouse 904 Broadway CRIMINALDISTRICT ATTORNEY P.O. BOX 10536 LUBBOCK, TEXAS 79408-3536 Second Floor Lubbock, Texas 79401 (806)775-1100 Fax(806)775-7930

Administrator

Anthony Holcomb FirstAssistant DistrictAttorney

Wade Jackson ChiefInvestigator

Todd Smith AppellateDivision

JeffFord

- Chief Lauren Murphree-Expunctions

- Grand Jury/Intake-Division Trey Hill- Deputy D.A. Eddie Wharff Victim Assistance Coordinator.

Laney Dickey JuvenileDivision

Kim Hayes

- Chief Jeri Leigh Thornesberry Civil Division

Neal Burt- Chief DonnaClarke Deirdre Ward-CPS TheresaRatliff-CPS Kacee Harvey-CPS Morgan Vaughan-Forfeitures Felony Chief

Sunshine Stanek- Deputy DA Narcotics/Property Crimes

Mandi Say Asst DA

- Felony

Barron Slack IntoxicationCases/Misd Chief Tom Brummett 137'" DistrictCourt

LauraBeth Fossett- Chief Ashley Davis

-- ' Chris Schulte 140'" DistrictCourt

Traci Bowman

- Chief Jessica Schneider Neal Spradlin 364'" DistrictCourt

AaronMoncibaiz

- Chief Courtney Graff! CaraLanders County Court atLaw#1

Ryan Brooke- Chief Greg Jerman Cassie Nesbitt County Court atLaw#2

Ginny Shewmake

- Chief Craig Oglesby Domestic Violence

Jennifer Slack Office ofthe Criminal District Attorney


### January 7, 2016 U.S. Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington, D.C. 20590 Re: Petition ofthe Lubbock County (Texas) Criminal-

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### DistrictAttorney's Office for Exemption from Certain Federal Aviation Regulations to Operate Unmanned Aircraft Systems Pursuant to Section 333 ofthe FAA Modernization and Reform Act Dear Sir or Madam:. Pursuant to Section333 ofthe 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 DistrictAttorney'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 ofTexas and surrounded by numerous rural counties, the LCCDA strives to present criminaltrials to ourjuries in the mosteffective way possible. Photographing a crime scene as it occurs orpriorto 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 otherfactors. Atthis timethere are two ways ofobtaining the aerial images needed in trial. Thefirst is using satellite imagery such as Google, Bing orPictometry. While free and convenient, it is rare thatthis satellite imagery is consistent with the landscape atthe time ofthe crime being prosecuted. Many months normally separatethe time ofthe crime from the time ofthe imagery and do not always give thebestview ofthe situation as it occurred. While this imagery is suitable for viewing large areas, the resolution decreases dramatically as individual properties are viewed.

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The second way ofcollecting aerial images is to utilize the Texas Department ofPublic Safety helicopter assigned to the Lubbock area. It

### is available for crime scene photography butthe expense (over $1000.00 per hour) makes it costprohibitive for all cases goingto trialeventhough aerial photography is needed and the time neededto getit into the air precludes it from being used in criminal wreck scenes thatrequire timelyremoval from a roadway. Vehicle locations are marked andthe helicopter is generally utilized at a latertime 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 ofevidence. Forthe reasons mentioned above, it is ofgreat public interestthatthe LCCDA be allowed the use ofthis 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 ofthe crimeto ajury. This simply allows for the crime to be placed in the proper context. A good example wouldbe a DWI stop- where the in carvideo and body camera ofthe officerfocuses onthe interaction withthe suspect but fails to document the location ofthe stop as well as those things in the vicinity, Being able to quickly, easily and economically photographthese scenes is a must. This is one ofthe mostbasic components ofcriminal trialpreparation. Active crime scene documentation would primarily involve the photographing ofwrecks that may involve criminal activity. This would allow for photographing the vehicles involved in situ and aid thejury in understanding the issues involved in the wreck. It

### would also assist in "reconstructing" the wreck and would also give a real time look atthe road conditions and other factors thatmay have contributedto the event. ALL photography would be done on public locations orprivateproperty where consent (or court order) has been obtained and these operations will carry minimal riskto investigators andthe public by eliminatingthe 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 withpast grants of exemption. These conditions ensure thatthe LCCDA will operate safely in the national airspace, mitigate the risks ofharming other aircraft or people orpropertyon 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 ofwhich are well below 55 pounds including payload.

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III. REQUEST FOREXEMPTION 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 clearthe LCCDA would be utilizingthe UAS in a situation more similarto commercial users than that of most first-responder law enforcement agencies. Primarily, the requirement ofa licensed pilotbeing on site for the flights as set out for Public Usage (Governmental)UAS is simply unreachable for most agencies the size ofthe LCCDA and smaller. While some agencies may happen to have an employee that is a licensedpilot, most agencies do not and the requirement oftraining 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 theirtrials.

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### III. APPLICANT INFORMATION The name and contact information ofthe applicant is: Todd Smith ChiefInvestigator Lubbock Co. Criminal District Attorney's Office Box 10536 Lubbock, Texas 79408-3536

I Regulations from which exemption is requested :

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# 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).

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IV. 

### OPERATINGPARAMETERS LCCDA will adhere to the following operating parameters when operating UAS pursuantto a grant ofthe requested exemptions: 1. Operations will be conducted using the DJI Phantom 2 Vision and the DJI· InspireI. 2. The UAS will not be operated at a speed exceeding 30 miles perhour, 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~** ofW11ivero!

__ 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 ofsight ofthe PIC orthe 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 ofthe UAS and demonstrated the ability to safely operate the UAS in a mannerconsistent with how the UAS will be operated underthis exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. 6. LCCDA's operating documents will beaccessible 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. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the UAS will not be operated until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight" 8. Any UAS that has undergone maintenance or alterations that affect the UAS operation orflight characteristics, e.g., replacement ofa 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 ofunpredicted obstacles oremergencies, 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.

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V. THE FAA'SAUTHORITY TO GRANT THISPETITION The FAA has authority to grant the exemption requested herein under the FMRA and the Federal Aviation Act. Section 333 ofthe FMRA deals specifically with integrating UAS into the national airspace, and directs the Secretary ofTransportation to determine which UAS, "as a result oftheir size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line ofsight do not create a hazard to users ofthe national airspace system orthe public or pose a threatto national security."3 Section 333 further directs the Secretary to "establish requirements for the safe operation ofsuch 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 ofthe Act where such exemptions are in the public interest.

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### VI. CONCLUSION As demonstrated above, allowing this exemption will garner significantpublic benefits for the citizens ofLubbock 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 contactLCCDA ChieflnvestigatorTodd Smith (tsmith@lubbockcda.com) at 806.775.1195 orInvestigator Nick Simpson (nsimpson@lubbockcda.com) at 806.775.1188 with any questions about this filing.