An Act To Protect the Privacy of Citizens from Domestic Unmanned Aerial Vehicle Uses
Maine Legislature, Session 127, LD 0025
Committee: Judiciary
Sponsors: RUSSELL, BRAKEY

Legislative Document 
No. 25 
H.P. 24 
House of Representatives, January 13, 2015 
An Act To Protect the Privacy of Citizens from Domestic Unmanned 
Aerial Vehicle Uses 
Reference to the Committee on Judiciary suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative RUSSELL of Portland. 
Cosponsored by Senator BRAKEY of Androscoggin. 
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 that is guided 
by remote control. 
§4502.  Operation of unmanned aerial vehicles 
1.  Acquisition of unmanned aerial vehicles.  The acquisition of an unmanned aerial 
vehicle by a law enforcement agency must be approved by the governing body of the 
governmental unit overseeing the law enforcement agency seeking to make such an 
acquisition. 
2.  Moratorium.  Before July 1, 2017, a law enforcement agency may not use an 
unmanned aerial vehicle except as provided in section 4503, subsection 1. 
3.  Law enforcement operation of unmanned aerial vehicles.  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 or administrative investigation exception 
under section 4503; 
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.  Pursuant to a warrant issued under Title 15, section 55; or 
D.  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 the order was granted but not to exceed 30 days. 
4.  Restrictions on operation.  An unmanned aerial vehicle may not employ the use 
of facial recognition technology or be equipped with a weapon except as provided under 
section 4503, subsection 3. 
§4503.  Exceptions; allowed use of unmanned aerial vehicle 
Notwithstanding any other provision in this chapter, the following are not prohibited 
uses of unmanned aerial vehicles. 
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. 
A.  An emergency enforcement exception may be required because a situation exists: 
(1)  That threatens national security; 
(2)  That threatens state or local security; or 
(3)  That threatens the life or safety of one or more individuals. 
B.  When a law enforcement agency has used an unmanned aerial vehicle to collect 
or receive information pursuant to this subsection, the law enforcement agency shall 
document the factual basis for the emergency enforcement exception in an affidavit 
that the law enforcement agency retains. 
2.  Administrative investigation exception.  The State or any political subdivision 
of the State may operate an unmanned aerial vehicle: 
A.  To investigate and respond to natural disasters; 
B.  To monitor the status of dams and flood control systems; 
C.  To conduct surveys, including, but not limited to, surveys conducted by the 
Department of Agriculture, Conservation and Forestry, Division of Geology, Natural 
Areas and Coastal Resources, Maine Geological Survey; 
D.  To aid in weather forecasting; or 
E.  To conduct search and rescue activities. 
3.  Research, testing, training and manufacture.  A manufacturer, subcontractor of 
a manufacturer, testing company or educational institution may deploy an unmanned 
aerial vehicle or any component parts for the purposes of research, testing, training and 
manufacture of such vehicles. 
§4504.  Warrant provisions 
1.  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 section 4502, subsection 3, paragraph C or D, respectively, the law enforcement 
agency shall immediately terminate the operation of the unmanned aerial vehicle. 
2.  Denial of warrant or court order.  If an application for a warrant or court order 
under section 4502, subsection 3, paragraph C or D, respectively, is denied, the law 
enforcement agency shall immediately terminate the operation of the unmanned aerial 
vehicle underlying the application and may not retain or disclose any information 
obtained from the operation of the unmanned aerial vehicle. 
3.  Delayed notice.  When a warrant or court order is sought under section 4502, 
subsection 3, paragraph C or D, respectively, 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 providing the notice of the warrant or court order may have an adverse 
result, which includes: 
A.  The endangerment of the life or physical safety of a person; 
B.  A person's fleeing from prosecution; 
C.  Destruction of or tampering with evidence; 
D.  A person's intimidating potential witnesses; and 
E.  An event that seriously jeopardizes an investigation or unduly delays a trial. 
4.  Extension.  The court may grant an extension of the delayed notice under 
subsection 3 for up to 10 days for each extension upon application by the law 
enforcement agency. 
5.  Expiration of delayed notice.  Upon expiration of the period of delayed notice 
under subsection 3, 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 3 supported the court's determination. 
§4505.  Violations; 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. 
SUMMARY 
This bill regulates unmanned aerial vehicles, including their acquisition and lawful 
operation by law enforcement agencies.  The bill requires approval of the acquisition of 
an unmanned aerial vehicle by the governing body overseeing the law enforcement 
agency.  It prohibits a law enforcement agency from operating an unmanned aerial 
vehicle or collecting, disclosing or receiving information acquired through the operation 
of an unmanned aerial vehicle except pursuant to an emergency enforcement or 
administrative investigation exception, with the written consent of the person or property 
owner, pursuant to a warrant or pursuant to a court order.  It permits the deployment of an 
unmanned aerial vehicle or any component parts by a manufacturer, subcontractor of a 
manufacturer, testing company or educational institution for the purposes of research, 
testing, training and manufacture of such vehicles.  The bill also creates a private right of 
action against a law enforcement agency for violations of the provisions of the bill. 
The bill includes a moratorium on all unmanned aerial vehicle use, with the exception 
of emergency enforcement situations, until July 1, 2017.