Small Unmanned Aircraft Systems

Drones, also referred to as small Unmanned Aircraft Systems (sUAS) may be utilized to enhance the Milwaukie Police Department's mission of protecting lives and property when other means and resources are either not available, less safe, or less effective. Any application of the drone will be in accordance with Federal, State, and City laws, to include constitutional privacy rights, search and seizure regulations and Federal Aviation Administration (FAA) regulations, described further as the Code of Federal Regulations (CFR), Title 4, Chapter 1, Subchapter F, Part 107, regulations for small, unmanned aircraft systems. Some sUAS deployments may vary within these guidelines due to the presence of an approved FAA CFR part 91 Certificate of Authorization, if applicable.

MiPD drone pilots are patrol officers who have completed FAA licensing along with department required training and ongoing proficiency training.

The use of the drone potentially involves privacy considerations. Absent a warrant, consent, or
exigent circumstances, operators and observers shall adhere to FAA altitude regulations and
shall not intentionally record or transmit images of any location where a person would have a
reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers
shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas
where there is a reasonable expectation of privacy. Reasonable precautions can include, for
example, deactivating or turning imaging devices away from such areas or persons during drone
operations.

sUAS operated by MiPD shall be flown in accordance with the following Oregon Revised Statutes;
1. ORS 837.300 – Definitions
2. ORS 837.310 – Restrictions
3. ORS 837.320 – Authorized Use Upon Issuance of Warrant
4. ORS 837.330 – Written Consent
5. ORS 837.335 – Search and Rescue
6. ORS 837.340 – Criminal Investigations
7. ORS 837.345 – Training
8. ORS 837.360 – Restrictions
9. ORS 837.365 – Weaponized Unmanned Aircraft Systems (Prohibited)

The sUAS video surveillance equipment shall not be used:
• To conduct random surveillance activities.
• To target a person based solely on actual or perceived characteristics such as
race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or
expression, economic status, age, cultural group, or disability.
• To harass, intimidate, or discriminate against any individual or group.
• To conduct personal business of any type.
The sUAS shall not be weaponized (ORS 837.365).
The sUAS shall not be used in any way that causes interference with an aircraft that is in the air,
taking off, or landing (ORS 837.374).