Someone asked us… Can the police take my drone?
As we have seen … They can charge, arrest you and take your stuff for whatever they want. You’ll have to fight it out in court to get it back.
In Michigan, the police can confiscate your drone under certain conditions, mainly if you’re violating the law.
Here’s what you need to know about when and why your drone might be taken by authorities.
—> There’s some cool drone shows at the end of this article.
Illegal Use of Drones
If you’re using your drone in a way that breaks Michigan or federal laws, the police can step in. For example, Michigan law (MCL 259.322) prohibits using drones to interfere with law enforcement, harass others, or invade privacy. If your drone is involved in these activities, the police can seize it as part of their investigation.
Under MCL 259.322, it is illegal to operate a drone in a way that interferes with law enforcement or emergency operations. Flying a drone over prisons, for example, is strictly prohibited. Violating these laws could lead to arrest, fines, or both.
Trespassing
Flying a drone over private property without permission could be considered trespassing. Michigan law (MCL 259.320) regulates the safe operation of drones, and if you violate airspace laws or property rights, your drone could be confiscated as evidence of trespassing or other violations.
259.320 Criminal liability; offense committed with aid of an unmanned aircraft system; exception.
Sec. 20.
(1) A person is guilty of an offense committed with the aid of an unmanned aircraft system if the unmanned aircraft system is under the person’s control and the activity performed with the aid of the unmanned aircraft system would have given rise to criminal liability under the penal law of this state if it was performed directly by the person without the aid of an unmanned aircraft system.
(2) Notwithstanding subsection (1), and except as provided in sections 21 and 22 and section 45a(1) of the Michigan penal code, 1931 PA 328, MCL 750.45a, solely flying an unmanned aircraft system through navigable airspace in accordance with federal law does not give rise to criminal liability under the penal law of this state.
The Key sentence from above: “solely flying an unmanned aircraft system through navigable airspace in accordance with federal law does not give rise to criminal liability under the penal law of this state.”
-So if you use the drone in aiding you to commit a crime – The trouble begins (or maybe just an alleged a crime to sieze it). See you in court.
National Security Concerns
Flying drones near airports, military bases, or other restricted areas can lead to immediate police action. The Federal Aviation Administration (FAA) has strict rules about no-fly zones, and Michigan police will work with federal authorities to confiscate drones that pose a national security risk.
Use You Right To Remain Silent
If you have been accused or charged with a crime.
Say nothing to anyone. Talk to us first.
Our firm is experienced in both State and Federal courts defending clients.
CALL NOW
Accidents or Dangerous Flying
If your drone causes an accident or is flown recklessly, the police can confiscate it to prevent further harm or investigate the incident. This is especially relevant if someone is injured or property is damaged.
Do I Need to Be Licensed?
If you’re flying a drone for commercial purposes, you must have an FAA Part 107 Remote Pilot Certificate. To get this, you’ll need to pass a knowledge test administered by the FAA.
If you’re flying for recreational purposes, you don’t need a license, but you must follow FAA safety guidelines, including flying below 400 feet and keeping the drone within your line of sight.
Do FAA Laws Supersede Local Laws?
Yes, Federal Aviation Administration (FAA) laws take precedence over state or local drone regulations.
This means that federal rules about airspace, drone registration, and licensing apply across the country, including Michigan. However, local laws that don’t conflict with FAA rules—like those concerning privacy or property—can still apply.
Michigan State Laws:
In Michigan, there are no separate state registration requirements for drones beyond the FAA’s regulations. However, local ordinances may still apply, particularly regarding where you can fly the drone, so it’s important to check local rules.
Disclaimer: This article provides a general overview and does not substitute for legal advice. As with any law it can change or be modified and research should be done before you rely on any information provided on the internet. Although we make all attempts to link relevant laws these laws can often be gray and corrupted to fit a narrative. Anyone charged with any alleged crime should consult an attorney for specific legal guidance.
Beautiful when they are used for good…
Michigan Laws
Using a computer to commit a crime – The latest add on charges
FRAUDULENT ACCESS TO COMPUTERS, COMPUTER SYSTEMS, AND COMPUTER NETWORKS (EXCERPT)Act 53 of 1979752.796 Use of computer program, computer, computer system, or computer network to commit crime. Sec. 6. (1) A person shall not use a computer program, computer,...
Can I be arrested for flying a drone in Michigan?
Someone asked us... Can I be arrested for flying a drone?As we have seen ... They can charge you and arrest you for whatever they want. But Can I Be Arrested or Fined for Flying a Drone? Yes, you can be arrested or fined for breaking Michigan’s drone laws. Under MCL...
What is the Difference Between a Magistrate and a Judge
What's the difference between a Magistrate and a Judge in Michigan?In Michigan’s court system, both magistrates and judges play important roles, but they have different responsibilities and authority. Understanding the differences between the two can help you know...
Add on charges for your permanent record – Using a computer
The Use of Electronic Devices to Commit Crimes in Michigan Yes that means your cellphone... Computer" means any connected, directly interoperable or interactive device, equipment, or facility that uses a computer program or other instructions to perform specific...
Can You Be Charged for Using Your Phone During a Crime in Michigan?
Your breaking the law if you are using a cellphone while driving. On top of that if you're committing a crime and you use the phone... You're in for a prosecutor's extra round of office high fives.Can You Be Charged for Using Your Phone During a Crime in Michigan?...
Prohibited person possessing firearm
Thinking about going hunting? Not if you are a person who is prohibited from possessing a firearm in Michigan.In Michigan, certain individuals are legally prohibited from owning or possessing a firearm. Being caught with a firearm if you fall under this category can...
Unlawful Possession of a Controlled Substance in Michigan
Unlawful Possession of a Controlled Substance in MichiganIn Michigan, being caught with illegal drugs can lead to serious consequences. The state has strict laws on drug possession, and unlawful possession of a controlled substance is one of the most common charges....
Obstruction Laws in Michigan
Move along or you'll be arrested for Obstruction of "Justice".In Michigan, obstruction is a crime that involves interfering with law enforcement or other officials when they are trying to carry out their duties. Obstruction can cover a wide range of actions, including...
Resisting Arrest in Michigan
Stop resisting! Stop resisting!In Michigan, resisting arrest is a serious crime. Under Michigan Compiled Law (MCL) 750.81d, it is illegal to resist or obstruct a police officer or any other law enforcement official when they are performing their duties. This law...
Criminal Sexual Conduct (CSC) Fourth Degree
Criminal Sexual Conduct (CSC) in Michigan: Fourth DegreeCriminal Sexual Conduct (CSC) is a set of laws in Michigan that define and penalize various forms of sexual offenses. These laws are categorized into four degrees, with each degree reflecting the severity of the...
