II 

112TH CONGRESS 

2D SESSION S. 3287 

To protect individual privacy against unwarranted governmental intrusion 

through the use of the unmanned aerial vehicles commonly called drones, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 12, 2012 

Mr. PAUL introduced the following bill; which was read twice and referred to 

the Committee on the Judiciary 

A BILL 

To protect individual privacy against unwarranted governmental intrusion through the use of the unmanned aerial 

vehicles commonly called drones, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preserving Freedom 

5 from Unwarranted Surveillance Act of 2012’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 

8 (1) the term ‘‘drone’’ means any powered, aer9 ial vehicle that— 


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1 (A) does not carry a human operator; 

2 (B) uses aerodynamic forces to provide ve3 hicle lift; 

4 (C) can fly autonomously or be piloted re5 motely; 

6 (D) can be expendable or recoverable; and 

7 (E) can carry a lethal or nonlethal pay8 load; and 

9 (2) the term ‘‘law enforcement party’’ means a 

10 person or entity authorized by law, or funded by the 

11 Government of the United States, to investigate or 

12 prosecute offenses against the United States. 

13 SEC. 3. PROHIBITED USE OF DRONES. 

14 Except as provided in section 4, a person or entity 

15 acting under the authority, or funded in whole or in part 

16 by, the Government of the United States shall not use a 

17 drone to gather evidence or other information pertaining 

18 to criminal conduct or conduct in violation of a statute 

19 or regulation except to the extent authorized in a warrant 

20 that satisfies the requirements of the Fourth Amendment 

21 to the Constitution of the United States. 

22 SEC. 4. EXCEPTIONS. 

23 This Act does not prohibit any of the following: 


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1 (1) PATROL OF BORDERS.—The use of a drone 

2 to patrol national borders to prevent or deter illegal 

3 entry of any persons or illegal substances. 

4 (2) EXIGENT CIRCUMSTANCES.—The use of a 

5 drone by a law enforcement party when exigent cir6 cumstances exist. For the purposes of this para7 graph, exigent circumstances exist when the law en8 forcement party possesses reasonable suspicion that 

9 under particular circumstances, swift action to pre10 vent imminent danger to life is necessary. 

11 (3) HIGH RISK.—The use of a drone to counter 

12 a high risk of a terrorist attack by a specific indi13 vidual or organization, when the Secretary of Home14 land Security determines credible intelligence indi15 cates there is such a risk. 

16 SEC. 5. REMEDIES FOR VIOLATION. 

17 Any aggrieved party may in a civil action obtain all 

18 appropriate relief to prevent or remedy a violation of this 

19 Act. 

20 SEC. 6. PROHIBITION ON USE OF EVIDENCE. 

21 No evidence obtained or collected in violation of this 

22 Act may be admissible as evidence in a criminal prosecu23 tion in any court of law in the United States. 

Æ 


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