Technology has changed how police investigate cases — including the use of drones, helicopters, and aerial surveillance.
But how far can officers go before violating your privacy rights?
Here’s how Arkansas law treats aerial searches.
1. Aerial Surveillance Is Legal — But Limited
The U.S. Supreme Court allows some forms of aerial observation without a warrant. For example:
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flying over a property at legal altitude,
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observing open fields,
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spotting large grow operations,
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looking into areas exposed to public view.
But this does not mean all aerial surveillance is legal.
2. Curtilage Remains Protected
Your curtilage — the area around your home such as your porch, driveway, patio, yard near the home, etc. — is protected just like the inside of your home.
Police cannot use:
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drones hovering low,
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zoom cameras,
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prolonged surveillance,
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or thermal imaging
…to intrude into private areas without a warrant.
3. Drones Change the Legal Analysis
Drones can:
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hover silently,
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zoom into windows,
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fly between houses,
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peek over fences,
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maintain long surveillance.
Because drones are intrusive and not comparable to public airspace, many courts have found excessive drone use unconstitutional without a warrant.
4. Helicopter Surveillance Has Limits Too
Even helicopters can violate the Fourth Amendment if:
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they fly too low,
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they shake the home or property,
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noise or wind disrupts daily life,
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the flight is not customary or safe,
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it becomes targeted, prolonged surveillance.
This is not the same as casually flying over a neighborhood.
5. Aerial Surveillance Can Lead to Warrant Challenges
If drone footage or aerial observations led to:
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a search warrant,
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a raid,
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or charges,
…the defense may be able to challenge:
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whether the surveillance was lawful,
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whether the officer intruded on curtilage,
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whether the observations were reliable,
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whether the information was stale.
Suppression is possible if the aerial search violated privacy rights.
Bottom Line
Police can use drones and helicopters, but Arkansas law still protects your home and privacy. If aerial surveillance led to charges, you may have strong grounds to challenge the warrant or evidence. Contact my office immediately to review the footage and determine your defenses.
This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Wesley Rhodes, Attorney at Law. If you need legal advice about your specific situation, you should consult with a qualified criminal defense attorney.