When Can Police Confiscate Your Drone in Michigan?

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.

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.

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