Relates to protection against unwarranted surveillance

BILL NUMBER:S1841

Title of bill

An act to amend the criminal procedure law, in relation to protecting against unwarranted surveillance

Purpose or general idea of the bill

This bill requires that aerial surveillance conducted by law enforcement agencies or on behalf of such agencies satisfy constitutional requirements.

Summary of provisions

This bill adds a new section, 700.16, to the criminal procedure law. The bill provides that no person or entity, working for or assisting a state, county, municipal or local government entity or authority, or acting on behalf of such entity shall use, operate, engage or employ an unmanned aerial vehicle to gather evidence related to an ongoing criminal matter without court authorization. This prohibition allows for this surveillance to occur, absent a warrant being issued, when circumstances allow for a lawful exception to the warrant requirement: hot pursuit, emergency, etcetera. Further, the bill defines the term "unmanned aerial vehicle." And, lastly requires that evidence or other information obtained in violation of this section shall be inadmissible in any criminal action against a pasty to illegal surveillance and that such aggrieved person may seek civil and equitable relief for such violation.

Justification

Our laws currently fail to explicitly protect our residents from an increasing threat posed to their liberty and privacy interests. Freedom and the common good cannot be served by an all seeing eye in the sky intruding into the private affairs of New Yorkers. New, overly intrusive technologies in the hands of law enforcement require that the Legislature set sensible limits on their use.

Legislative history

2014 - S.6412/A.6244: Referred to codes

Fiscal implications

None.

Effective date

This act shall take effect immediately.