Policy Text
Policy
378Newport Beach Police Department
Newport Beach PD Policy Manual
Unmanned Aerial System
378.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of an unmanned aerial system
(UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS.
378.1.1 DEFINITIONS
Definitions related to this policy include:
Unmanned aerial system (UAS) - An unmanned aircraft of any type that is capable of sustaining
directed flight, whether preprogrammed or remotely controlled (commonly referred to as an
unmanned aerial vehicle (UAV)), and all of the supporting or attached systems designed for
gathering information through imaging, recording or any other means.
378.2 POLICY
UAS may be utilized to enhance the department's mission of protecting lives, property and
community caretaking when done in accordance with this policy and when other means and
resources are not available or are less effective. All use of UAS will be in strict accordance with
constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.
378.3 PRIVACY
The use of the UAS potentially involves privacy considerations. Absent a warrant 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 an expectation of privacy. Reasonable precautions can include, for example, deactivating
or turning imaging devices away from such areas or persons during UAS operations.
378.4 PROGRAM COORDINATOR
The Chief of Police will appoint a program coordinator who will be responsible for the management
of the UAS program. The program coordinator will ensure that policies and procedures conform to
current laws, regulations, and best practices and will have the following additional responsibilities:
•Coordinate with the FAA to apply for a Certificate of Waiver or Authorization (COA) to
function as a public aircraft operator that can self-certify its drone pilots and drones
and ensure that the COA is current, and/or as appropriate, coordinate with the FAA
to operate pursuant to the small unmanned aircraft rules (sUAS) under Code of
Federal Regulations, 14 CFR 107.1 et seq., coordinating compliance with Remote
Pilot Certifications as appropriate for department operations, and apply for waivers
pursuant to 14 CFR 107.200 et seq., to permit UAS operations under circumstances
that are otherwise restricted such as near airports, at night, over public locations, over
vehicle throughways, and other waivers as appropriate.
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Unmanned Aerial System
•Coordinate with the FAA to apply for a First Responder Tactical Beyond Visual Line
of Sight (TBVLOS) waiver of Code of Federal Regulations, 14 CFR 91.113, to permit
operation of UAS beyond visual line of sight.
•Ensure that all authorized operators and required observers have completed all
required FAA and department-approved training in the operation, applicable laws,
policies, and procedures regarding use of the UAS.
•Coordinate the completion of the FAA Emergency Operation Request Form in
emergency situations, as applicable (e.g., natural disasters, search and rescue,
emergency situations to safeguard human life).
•Develop protocol for conducting criminal investigations involving a UAS, including
documentation of time spent monitoring a subject.
•Develop an operational protocol governing the deployment and operation of a UAS
including but not limited to safety oversight, use of visual observers, establishment of
lost link procedures, and secure communication with air traffic control facilities.
•Fully document all missions.
•Develop a UAS inspection, maintenance, and record-keeping protocol to ensure
continuing airworthiness of a UAS, up to and including its overhaul or service life.
•Ensure that all data intended to be used as evidence are accessed, maintained,
stored, and retrieved in a manner that ensures its integrity as evidence, including strict
adherence to chain of custody requirements. Electronic trails, including encryption,
authenticity certificates, and date and time stamping, shall be used as appropriate to
preserve individual rights and to ensure the authenticity and maintenance of a secure
evidentiary chain of custody.
•Ensure retention and purge periods are maintained in accordance with established
records retention schedules.
•Facilitate law enforcement access to images and data captured by the UAS.
•Recommend program enhancements, particularly regarding safety and information
security.
•Maintain familiarity with FAA regulatory standards, state laws and regulations, and
local ordinances regarding the operations of a UAS.
•Conduct random audits of UAS recordings on a quarterly basis.
378.5 USE OF UAS
UAS may be used for targeted premises searches only when justified by the consent of the owners
or occupants, pursuant to a search warrant, or when exigent circumstances are present (based
on the totality of the circumstances, there is an imminent and immediate threat to public safety,
harm to individuals, or destruction of material evidence).
Only authorized operators who have completed the required training shall be permitted to operate
the UAS.
Copyright Lexipol, LLC 2025/02/25, All Rights Reserved.
Published with permission by Newport Beach Police
DepartmentUnmanned Aerial System - 326
Newport Beach Police Department
Newport Beach PD Policy Manual
Unmanned