An Act To Protect the Privacy of Citizens from Domestic Unmanned Aerial Vehicle Use
Maine Legislature, Session 126, LD 0236
Committee: Judiciary
Sponsors: PATRICK, PETERSON, DUTREMBLE, LACHOWICZ, VALENTINO, BRIGGS, CHIPMAN, DION, GILBERT, MASTRACCIO

Legislative Document 
No. 236 
S.P. 72 
In Senate, February 5, 2013 
An Act To Protect the Privacy of Citizens from Domestic Unmanned 
Aerial Vehicle Use 
Reference to the Committee on Judiciary suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator PATRICK of Oxford. 
Cosponsored by Representative PETERSON of Rumford and 
Senators: DUTREMBLE of York, LACHOWICZ of Kennebec, VALENTINO of York, 
Representatives: BRIGGS of Mexico, CHIPMAN of Portland, DION of Portland, GILBERT of 
Jay, MASTRACCIO of Sanford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  25 MRSA Pt. 12 is enacted to read: 
PART 12 
UNMANNED AERIAL VEHICLES 
CHAPTER 551 
REGULATION OF UNMANNED AERIAL VEHICLES 
§4501.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Law enforcement agency.  "Law enforcement agency" has the same meaning as 
in section 3701, subsection 1. 
2.  Unmanned aerial vehicle. "Unmanned aerial vehicle" means an aircraft that is 
operated without a physical human presence within or on the aircraft and guided by 
remote control. 
§4502.  Operation of unmanned aerial vehicles 
1.  Acquisition of unmanned aerial vehicles.  The acquisition of an unmanned aerial 
vehicle must be approved by the governing body of the governmental unit overseeing the 
law enforcement agency seeking to make such an acquisition. 
2.  Operation of unmanned aerial vehicles.  Operation of an unmanned aerial 
vehicle must fully comply with all Federal Aviation Administration requirements and 
guidelines.  A law enforcement agency may not operate an unmanned aerial vehicle or 
collect, disclose or receive information acquired through the operation of an unmanned 
aerial vehicle except: 
A.  Pursuant to an emergency enforcement exception under section 4504; 
B.  To collect, disclose or receive information about a person or the person's 
residence, property or area if that person has given written consent; 
C.  To assist a person in an emergency circumstance in which it is reasonable to 
believe that there is an imminent threat to the life or safety of the person, subject to 
the following limitations: 
(1)  The law enforcement agency documents the factual basis for the emergency; 
and 
(2)  Not later than 48 hours after the emergency operation begins, a supervisory 
official for the law enforcement agency files a sworn statement setting forth the 
grounds for the emergency operation; 
D.  Pursuant to a warrant issued under Title 15, section 55; or 
E.  Pursuant to an order issued by a court of competent jurisdiction if a law 
enforcement agency offers specific and articulable facts demonstrating that there is a 
reasonable suspicion of criminal activity, that the operation of the unmanned aerial 
vehicle will uncover such activity and that alternative methods of collecting 
information either are cost-prohibitive or present a significant risk to a person's 
bodily safety.  An order issued under this paragraph may not allow operation for a 
period greater than 48 hours. An extension of an order issued under this paragraph 
may be granted for a period no longer than the court determines necessary to achieve 
the purposes for which it was granted but not to exceed 30 days. 
3.  Restrictions on operation.  The operation of an unmanned aerial vehicle may 
not: 
A.  Be conducted for a purpose other than a specific purpose allowed under 
subsection 2 or section 4504; 
B.  Be conducted by a person other than a law enforcement agency pursuant to this 
chapter or a person otherwise authorized by law; 
C.  Employ the use of facial recognition technology or other biometric technology; or 
D.  Collect information on a person, residence, property or area not related to a 
permitted purpose of operation under subsection 2. 
An unmanned aerial vehicle may not be equipped with a weapon. 
§4503.  Retention of information 
Information collected by an unmanned aerial vehicle may not be used, copied or 
disclosed for any purpose other than for a lawful purpose under section 4502, subsection 
2.  Information collected by an unmanned aerial vehicle for any purpose other than for a 
lawful purpose under section 4502, subsection 2 must be deleted as soon as possible and 
no later than 24 hours after collection.  Information collected by an unmanned aerial 
vehicle under section 4502, subsection 2 may be received in evidence in a trial, hearing or 
other proceeding in or before a court, grand jury, department, officer, agency, regulatory 
body, legislative committee or other authority of the State or a municipality only if the 
use of that information as evidence was part of the lawful purpose allowing the unmanned 
aerial vehicle operation under section 4502, subsection 2. 
§4504.  Emergency enforcement exception 
1.  Emergency enforcement exception.  A law enforcement agency may operate an 
unmanned aerial vehicle and collect, disclose or receive information from the operation if 
the law enforcement agency reasonably determines that an emergency enforcement 
exception is required because a situation exists: 
A.  That involves a conspiratorial activity that threatens the national security interest 
or that is characteristic of organized crime; 
B.  That requires the operation of an unmanned aerial vehicle before a warrant under 
section 4502, subsection 2, paragraph D or court order under section 4502, subsection 
2, paragraph E with due diligence can be obtained; 
C.  In which there are grounds upon which a warrant under section 4502, subsection 
2, paragraph D or court order under section 4502, subsection 2, paragraph E could be 
entered to authorize the operation of an unmanned aerial vehicle; and 
D.  For which an application for a warrant under section 4502, subsection 2, 
paragraph D or court order under section 4502, subsection 2, paragraph E approving 
the operation is made within 48 hours after the operation of an unmanned aerial 
vehicle has occurred. 
2.  Absence of a warrant or court order.  If the information sought by the operation 
of an unmanned aerial vehicle is obtained prior to the issuance of a warrant or court order 
under subsection 1, the law enforcement agency shall immediately terminate the 
operation of the unmanned aerial vehicle. 
3.  Denial of warrant or court order.  If the application for a warrant or court order 
under subsection 1 is denied, the operation of the unmanned aerial vehicle underlying the 
application must be immediately terminated and any information obtained from the 
operation of the unmanned aerial vehicle must be treated as having been obtained in 
violation of this chapter. 
§4505.  Delayed notice 
1.  Delayed notice.  When a warrant or court order is sought under section 4502, 
subsection 2, paragraph D or E or section 4504, a law enforcement agency may request 
an order delaying the notice required under the Maine Rules of Criminal Procedure, Rule 
41B(b)(4) for a period not to exceed 10 days.  The court may grant the request if the court 
determines that the notification of the warrant or court order may have an adverse result 
under subsection 2. 
2.  Adverse result.  An adverse result for the purposes of a delayed notice under 
subsection 1 includes the subject of the warrant or court order or other person of interest: 
A.  Endangering the life or physical safety of a person; 
B.  Fleeing from prosecution; 
C.  Destroying or tampering with evidence; 
D.  Intimidating potential witnesses; and 
E.  Otherwise seriously jeopardizing an investigation or unduly delaying a trial. 
3.  Extension.  The court may grant an extension of the delayed notice under 
subsection 1 for up to 10 days for each extension upon application by the law 
enforcement agency. 
4.  Expiration of delayed notice.  Upon expiration of the period of delayed notice 
under subsection 1, the law enforcement agency shall serve upon, or deliver by registered 
or first-class mail to, the person about whom information was collected a copy of the 
warrant or court order together with notice that: 
A.  States with reasonable specificity the nature of the law enforcement inquiry; and 
B.  Informs the person about whom information was collected: 
(1)  That notification of the warrant or court order was delayed;  
(2)  What law enforcement agency made the request for delayed notice; 
(3)  What court made the determination to delay notice; and 
(4)  Which provision of subsection 2 supported the court's determination. 
§4506.  Violations 
1.  Private right of action.  If a law enforcement agency violates any provision of 
this chapter, the person about whom information was collected personally or as owner of 
a residence, property or area in violation of this chapter may institute and prosecute in 
that person's own name and on that person's behalf a civil action for legal or equitable 
relief.  In addition to compensatory damages, a person whose rights have been violated by 
a violation of this chapter may recover no more than $5,000 plus reasonable attorney's 
fees and court costs. 
2.  Attorney General.  The Attorney General may bring a civil action to enforce the 
provisions of this chapter. 
3.  Motion to suppress.  A court may not allow to be received into evidence any 
information collected, disclosed or received in violation of this chapter and shall grant a 
motion to suppress as evidence any information collected, disclosed or received in 
violation of this chapter. 
§4507.  Reporting 
1.  Reporting by law enforcement agency.  In June of each year, a law enforcement 
agency that uses an unmanned aerial vehicle shall report to the Legislature, retain for 
public viewing and post on its publicly accessible website, if one exists: 
A.  The number of times an unmanned aerial vehicle was operated, organized by the 
types of incidents and the types of justification for operation; 
B.  The number of criminal investigations aided by the operation of an unmanned 
aerial vehicle and a description of how the unmanned aerial vehicle aided each 
investigation; 
C.  The number of times an unmanned aerial vehicle was operated for reasons other 
than a criminal investigation and a description of how the unmanned aerial vehicle 
aided each operation;  
D.  The frequency and type of information collected on an individual, residence, 
property or area that was not the subject of an operation; and 
E.  The total cost of operating the unmanned aerial vehicle for the preceding 12 
months. 
2.  Reporting by Attorney General to the court.  In March of each year the 
Attorney General or the Attorney General's designee shall report to the Administrative 
Office of the Courts the number of applications for a warrant under section 4502, 
subsection 2, paragraph D; court order under section 4502, subsection 2, paragraph E; 
order for delayed notice under section 4505, subsection 1; and extension of delayed 
notice under section 4505, subsection 3 made during the preceding calendar year. For 
each warrant, court order, order for delayed notice and extension of delayed notice 
reported pursuant to this subsection, the report must include: 
A.  A general description of the information collected under the warrant, court order, 
order for delayed notice or extension of delayed notice, including: 
(1)  The approximate nature and frequency of incriminating conduct; 
(2)  The approximate number of persons about whom information was collected; 
and 
(3)  The approximate nature, amount and cost of the personnel and other 
resources used in the collection; 
B.  The number of arrests resulting from the information collected and the offenses 
for which arrests were made; 
C.  The number of trials resulting from the information collected; 
D.  The number of motions to suppress made with respect to the information 
collected and the number of those motions granted or denied; and 
E.  The number of convictions resulting from the information collected and the 
offenses for which the convictions were obtained and a general assessment of the 
importance of the information. 
3.  Reporting by Attorney General to the Legislature and public.  The Attorney 
General shall post in June of each year on the Attorney General's publicly accessible 
website and transmit to the Legislature a full and complete report listing the number of 
applications for warrants and court orders authorizing and approving operation of 
unmanned aerial vehicles and disclosure of information collected from the operation of 
unmanned aerial vehicles pursuant to this chapter and the number of warrants, court 
orders, orders for delayed notice and extensions of delayed notice granted and denied 
pursuant to this chapter during the preceding calendar year. 
4.  Record keeping.  A law enforcement agency shall keep a detailed record about 
each operation of an unmanned aerial vehicle including all information required to be 
reported in this section and make this record available to the Attorney General. 
SUMMARY 
This bill regulates unmanned aerial vehicles, including their acquisition and lawful 
operation by law enforcement agencies in collecting, disclosing and receiving 
information and the retention of information collected.  For the permitted operation of an 
unmanned aerial vehicle, the bill requires the consent of the subject person, a warrant or 
court order, an emergency situation that threatens life or serious bodily injury or an 
emergency enforcement situation that threatens national security or evinces conspiratorial 
criminal conduct requiring immediate operation of the vehicle before a warrant can be 
obtained.  The bill also allows delayed service of a warrant or court order informing the 
subject person until after the warrant's or order's issuance if necessary for avoiding certain 
adverse results.  The bill provides for a private right of action or enforcement by the 
Attorney General for a violation and disallows the use of any information collected in 
violation as evidence in a hearing or court of law.  The bill requires the Attorney General 
to report certain information concerning the use of unmanned aerial vehicles to the 
Legislature and the Administrative Office of the Courts and for law enforcement agencies 
and the Attorney General to post certain information on their publicly accessible 
websites.