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
Michigan Supreme Court and Court of Appeals Cases – Controlled Substances
Case Summary In People v Soto (COA) the defendant faced a felony charge after an 85‑pound shipment of marijuana was delivered to her home. She argued that the Michigan Regulation and Taxation of Marihuana Act (MRTMA) shielded her from felony prosecution because the...
Michigan Supreme Court and Court of Appeals Cases – Confessions
Case Summary Michigan courts issued several important decisions clarifying when confessions are admissible, how Miranda applies in nontraditional settings, and what constitutes a valid invocation of counsel. In Lafey, a spontaneous statement made during a pat‑down was...
Fourth Amendment Search & Seizure — A Quick Summary
Fourth Amendment Search & Seizure — Quick Summary The Fourth Amendment protects individuals from unreasonable searches and seizures, limiting when and how the government may intrude on privacy. These protections apply only when police conduct qualifies as a search...
Marijuana Under Fire in Michigan
Marijuana in Michigan is facing renewed challenges as lawmakers push for higher taxes and regulatory changes that critics argue undermine the voter-approved legalization of 2018. Court battles, legislative maneuvers, and industry pushback highlight the tension between...
Improper Transport of a Firearm in Michigan
Improper Firearms Transport, Storage Laws and Penalties Michigan law makes improper gun transport a misdemeanor crime under MCL 750.227d. Firearms can be confiscated and sometimes not returned, but attorneys can file motions under Michigan Court Rules (MCR) to seek...
House Bill 5107 – The MRTMA Shuffle
Michigan House Bill 5105 proposes new marijuana penalties and possession limits to combat illicit cannabis operations. Michigan’s Cannabis Regulation Challenges Since Michigan legalized recreational marijuana in 2018 under the Michigan Regulation and Taxation of...
House Bill 5105 – The MRTMA Shuffle
Michigan House Bill 5105 proposes new marijuana penalties and possession limits to combat illicit cannabis operations. Michigan’s Cannabis Laws Since Michigan legalized recreational marijuana in 2018, the state has worked to balance personal freedom with public...
Viridis Labs Barred from Michigan’s Cannabis Industry
The Cannabis Regulatory Agency (CRA) has announced a landmark settlement, permanently banning three former law enforcement officials from participating in Michigan's cannabis market. The agreement mandates the immediate closure of Viridis Laboratories and its sister...
Appeals Court Reaffirms Strict One-Year Deadline for Suing the State of Michigan
Michigan Court of Appeals reiterated that there are no exceptions to the one-year deadline for filing lawsuits against the state of Michigan. Summary In a decision issued on July 30, 2025, the Michigan Court of Appeals reiterated that there are no exceptions to the...
Supreme Court Precedent Ignored by Lower Courts in Union Payment Cases
Should public employees retain the right to stop supporting a union, regardless of a prior written membership agreement, as guaranteed by the U.S. Supreme Court?In a concerning trend for individual worker rights, lower courts are reportedly ignoring a key U.S. Supreme...
