Taser guns utilize compressed nitrogen to project two small probes up to 15, 21 or 25 feet (21 and 25 foot cartridges sold to law enforcement, military and aviation security agencies only) at a speed of over 160 feet per second. These probes are connected to the Taser device by insulated wire. An electrical signal is transmitted through the wires to where the probes make contact with the body or clothing, resulting in an immediate loss of the person’s neuromuscular control and the ability to perform coordinated action for the duration of the impulse. The technology is effective regardless of pain tolerance, drug use, or body size – factors that cause other non-lethal options to have decreased effectiveness. Recent software upgrade of the X26 weapon has improved the effect of the weapon over the maximum five second discharge. Prior Tasers delivered 19 pulses per second for the first 2 seconds of each discharge, then decrease to 15 pulses per second thereafter. Current upgraded weapons deliver the optimal 19 pulses throughout the activation. Current Taser guns are available with digital firing signature, which records any activation of the weapon. An integrated camera can also be mounted on the weapon to assist post-action debriefing.

Staffing and budget shortages are leading some departments to implement Drone as a First Responder (DFR) programs. According to the National League of Cities (NLC), “Small, remotely operated unmanned aerial systems … have proven to be an efficient and effective way of providing public safety critical information that supports better-informed decisions in response to calls for service, emergencies, or to conduct criminal investigations.” Recent tests in Chula Vista and Santa Monica, California, have proven effective. In addition, the California city of Fremont has implemented a joint DFR program that includes both police and fire. A 2023 article on Police1.com provides more details about these innovative (but possibly controversial) efforts.

3. Operations beyond visual line of sight: According to FAA regulations, pilots should not fly their UAVs so far afield that they lose sight of the aircraft. When using “first person” view, with or without VR-style goggles, drone pilots should use a spotter who always maintains visual contact with the UAV. This requirement can also be waived if requested beforehand.

Since all U.S. airspace is regulated by the Federal Aviation Administration (FAA), drone operations must conform with FAA requirements. There are two ways to obtain authorization to operate a UAV as a public safety agency. The first is to pick one or more members of your department to get FAA certified as pilots and fly under 14 CFR Part 107 rules, also known as Small Unmanned Aircraft Systems Regulations, or sUAS. The second is to get an FAA certificate of authorization (COA) so your agency can be a “public aircraft operator,” self-certifying compliance for both pilots and drones.

Under sUAS, an airworthiness certificate is not required for your UAVs, but each drone must be registered with the FAA. The agency has general rules that apply to all drone use, as well as some special considerations for UAVs operated by first responder agencies. According to the “Drone Response Playbook for Public Safety” guide published by the FAA in 2020, the following scenarios are generally restricted (with certain caveats):

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Having solid policies and procedures in place to guide law enforcement drone use is key to ensuring their legal, safe use. Here are some important law enforcement drone policy areas to consider.

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Similar to body-camera footage, data retention issues abound when it comes to drone use. Will all video from the drone be recorded and if so, where will it be retained and for how long? How will your agency deal with footage collected of those who are not the target of criminal investigations? Can your agency freely share or disclose information gathered by the drone with other governmental agencies?

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In addition to federal regulations, drones are also subject to scrutiny from state lawmakers and privacy advocates, creating a growing list of prohibited uses that your agency’s policy must address.

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Law enforcementdrone policy

Agencies that subscribe to Lexipol’s Law Enforcement Policies and Updates solution receive a law enforcement drone policy that aligns with applicable state and federal laws, along with monitoring to keep the policy up to date as new legislation is passed.

Having solid policies and procedures in place to guide law enforcement drone use is key to ensuring their legal, safe use.

But drone use is also a complicated issue, bringing with it privacy and safety concerns. As use cases for drones have grown and expanded, so have complaints from citizens and watchdog groups. Law enforcement agencies must not only ensure their officers are properly trained, but also that they are complying with federal and state guidelines.

Taser is operated primarily by law enforcement officers, but in recent years it is augmenting other sidearms as a non lethal weapon. For military applications of Taser is now enhanced with an X-Rail mount, which enables integration of Taser gun with M16, M4 and MP5 assault rifles, using the standard Picatinny Rail Interface. Using Taser guns with M16 enable troops to selectively use the firepower, and respond to various levels of threats with minimum risk casualties to innocent civilians.

Several factors are driving increased drone use, including cost savings and increased availability, as well as updated agency policies and FAA guidelines governing law enforcement UAV deployment.

4. Drone flights near certain stadium events: When a stadium hosts a large event, such as a football game or outdoor concert, the FAA puts in place a temporary flight restriction (TFR) for both manned and unmanned aircraft that generally begins an hour before the event begins and ends an hour after the event ends. Exceptions to these TFRs include:

Lexipol’s Content Development staff consists of current and former public safety professionals including lawyers and others who have served as chief, deputy chief, captain, lieutenant, sergeant, officer, deputy, jail manager, PREA auditor, prosecutor, agency counsel, civil litigator, writer, subject matter expert instructor within public safety agencies, as well as college and university adjunct professor. Learn more about Lexipol’s public safety solutions.

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The M-26 / X-26 advanced Taser gun fires two probes up to 21 feet from a replaceable air cartridge. These probes are connected to the weapon by high-voltage insulated wire. The M-26 uses a new ElectroMuscular Disruption (EMD) weapon technology that can completely override the central nervous system and directly control the skeletal muscles. When the probes make contact with the target, the Taser gun transmits a powerful electrical pulse along the wires and into the target’s body through up to 2 inches of clothing. The EMD effect causes an uncontrollable contraction of the muscle tissue that results in physical debilitation regardless of pain tolerance or mental focus.

So how do you ensure you’re covering all the complex considerations of using a drone in law enforcement? A best practice is to build the role of drone coordinator into your policy. In most agencies, the drone coordinator will likely not be a separate position, but formally designating someone to coordinate your agency’s drone use helps bring consistency to operations and provides a point of contact for questions or issues.

One final consideration: Keeping your policy and procedures up to date. Drone laws and regulations are very much in flux, with new state legislation popping up frequently. If your agency has established or is considering establishing a drone program, you must ensure you have a way to stay current on changing federal and state regulations.

It’s not difficult to imagine the wide range of benefits drones can provide in public safety. As noted in a 2022 article on Police1.com, some useful law enforcement drone uses include:

As with other technologies, addressing privacy concerns surrounding drones involves a balance of policy and engagement. Your agency’s policy should include a strong statement about the importance of preserving privacy rights. Absent a warrant or exigent circumstances, operators should adhere to FAA guidelines and avoid intentionally recording or transmitting images of any location where a person would have a reasonable expectation of privacy, such as a backyard.

Absent any state-specific requirements, it’s probably best to treat information and footage gathered by a drone as you would other records. If your agency has a strong records retention policy, it will probably cover you for records produced by drones as well.

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Once your policy incorporates strong privacy protection, you will be in a better place to engage advocacy groups concerned about the use of law enforcement drones. Pointing to specific examples of how your agency intends to use the drone and how drones have aided in search and rescue operations can also provide a positive focus to such conversations.

When any powerful technology intersects with law enforcement, agencies are faced with a complex balancing act. On the one hand, drones represent a vast potential of new applications in public safety. On the other, agencies must ensure safe, constitutionally sound use. A clear, concise law enforcement drone policy is essential in achieving this balance. If your agency subscribes to Lexipol policies, review the Unmanned Aerial System section for an in-depth look at your current policy requirements.

It’s generally unlawful for drones to carry illegal or hazardous cargo (such as drugs or explosives), or for drones to be outfitted with weapons. The FAA also prohibits piloting a drone while under the influence of alcohol and/or drugs.

2. Flights in areas where the drone may interfere with manned aircraft: Drone flights should never go over 400 feet and are prohibited altogether in controlled airspace near airports. Again, the FAA can issue a waiver if circumstances warrant.

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Again, some states have issued specific laws. Illinois, for example, requires law enforcement agencies to destroy all information gathered by a drone within 30 days, except when there is “reasonable suspicion that the information contains evidence of criminal activity, or the information is relevant to an ongoing investigation or pending criminal trial” (725 ILCS 167/20).

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Other documented uses include assistance in serving warrants, operations during emergencies and natural disasters, assessing an area/person before committing personnel to a search or entry, mapping outdoor crime scenes, locating stolen property and detecting explosive ordnance. In Minnesota, one agency equipped its UAV with a system that can track people with Alzheimer’s, autism or other related conditions. The individuals wear transmitters that are activated if they wander, and the drone can help quickly locate them.

The use of unmanned aerial vehicles (drones) in public safety continues to grow. According to a recent article in Commercial UAV News, over 1,400 agencies in the United States are now using drones in their law enforcement activities — a 54% increase in the past six years.

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1. Flights at night or over people: Federal regulations generally prohibit drones being piloted after dark or above populated areas, though a waiver can be obtained from the FAA under certain circumstances. This means law enforcement must obtain special permission to use UAVs to surveil crowds and protests.

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