Federal Court of Appeals Restricts Drone Surveillance without a Warrant

The case was triggered by a report that marihuana was being grown in a private residence. In response, the acting federal court instructed law enforcement agents to investigate the residence. Upon deploying a drone over the defendant’s residence, the police saw marihuana plants in the back yard.

The federal court then issued a warrant to search the defendant’s home and a significant number of marijuana plants were seized.

In trial, the defendant moved to suppress the aerial imaging and all subsequent evidence, arguing that the police’s actions violated his right to privacy. The court denied the motion and the defendant challenged the decision on appeal.

The Court of Appeals then reversed the lower court ruling, finding the aerial recordings and all evidence gathered thereafter inadmissible.

In so deciding, the Court of Appeals held that the drone’s deployment without a warrant did in fact intrude on the defendant’s private residence where he had a reasonable expectation of privacy. Therefore, law enforcement agents were required to obtain a warrant or satisfy a traditional exception to the warrant.

The ruling does not preclude the use of technology for the purposes of criminal investigations, but it does establish a significant limitation to law enforcement agencies.

The case here summarized is “SANDOVAL, Rubén y et al on Law No. 23.737 violation”; File No. FGR 787/2021/CA1; 12/08/2021.