• Warrantless search of your property

    From Roy@21:1/5 to All on Tue Jun 20 12:04:55 2023
    Since IANAL, I didn't realize there is an exception that allows the
    government to search your property without a warrant.

    https://www.foxnews.com/us/virginia-wildlife-officials-trespassed-mans-land-stole-trail-camera-lawsuit-alleges

    Its called the "Open-fields doctrine"

    https://en.wikipedia.org/wiki/Open-fields_doctrine

    My house surrounded by my hay field can be searched until they get close
    to the house. No trespassing signs even fences don't prevent the search.

    There is even a story where agents put a camera on a bear to see if a
    homeowner was feeding bears in violation of the law.

    https://www.ctinsider.com/connecticut/article/couple-lawsuit-bear-camera-4th-amendment-18131994.php

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Stuart O. Bronstein@21:1/5 to Roy on Tue Jun 20 12:24:10 2023
    Roy <montanawolf@outlook.com> wrote:

    Since IANAL, I didn't realize there is an exception that allows
    the government to search your property without a warrant.

    https://www.foxnews.com/us/virginia-wildlife-officials-trespassed-m ans-land-stole-trail-camera-lawsuit-alleges

    Its called the "Open-fields doctrine"

    https://en.wikipedia.org/wiki/Open-fields_doctrine

    My house surrounded by my hay field can be searched until they get
    close to the house. No trespassing signs even fences don't
    prevent the search.

    There is even a story where agents put a camera on a bear to see
    if a homeowner was feeding bears in violation of the law.

    https://www.ctinsider.com/connecticut/article/couple-lawsuit-bear-c amera-4th-amendment-18131994.php

    Criminal law is not my field, but I do know that the law has the
    concept of the curtilage - the are around the living quarters as
    being what is protected. Other buildings are also protected, but
    apparently open fields have a different standard.


    --
    Stu
    http://DownToEarthLawyer.com

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Barry Gold@21:1/5 to Roy on Tue Jun 20 17:13:29 2023
    On 6/20/2023 12:04 PM, Roy wrote:

    Since IANAL, I didn't realize there is an exception that allows the government to search your property without a warrant.

    https://www.foxnews.com/us/virginia-wildlife-officials-trespassed-mans-land-stole-trail-camera-lawsuit-alleges

    Its called the "Open-fields doctrine"

    https://en.wikipedia.org/wiki/Open-fields_doctrine

    My house surrounded by my hay field can be searched until they get close
    to the house.  No trespassing signs even fences don't prevent the search.

    There is even a story where agents put a camera on a bear to see if a homeowner was feeding bears in violation of the law.

    https://www.ctinsider.com/connecticut/article/couple-lawsuit-bear-camera-4th-amendment-18131994.php

    Yeah, there's this concept of "curtilage": the area surrounding a house
    or other private building, especially the dooryards (the area in front
    of each door).

    It comes down to a basic principle of privacy: what happens in private
    is private and not to be invaded. What happens in public is public. If
    it can be seen from the street or public walkway, it's public. If it
    can't be seen from the street, the police have no business coming onto
    the property to spy on you.

    Farms are a little bit different. The farmhouse (if any) and the area immediately around it is private. The fields -- the areas devoted to
    growing plants or animals for food or for sale -- aren't. They're sort
    of in-between -- not open to the public, but they can be surveilled and
    even walked on as long as the police don't damage anything. Walking on
    crops is trespassing.

    A camera on a bear or other wildlife is a different question. The bear,
    not being human, has no property rights. The police can put a camera on
    it, or a tracking device to see where it goes. If the camera "happens"
    to catch you feeding the bear, that's usable in court because the police
    didn't violate anybody's property rights.

    Some of this derives from a speech in Parliament by William Pitt in 1763:
    "The poorest man may in his cottage bid defiance to all the force of the
    crown. It may be frail—its roof may shake—the wind may blow through it—the storm may enter, the rain may enter—but the King of England
    cannot enter—all his force dares not cross the threshold of the ruined tenement."
    (Except with a warrant issued by a court, Barry notes)



    --
    I do so have a memory. It's backed up on DVD... somewhere...

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From John Levine@21:1/5 to bgold@labcats.org on Tue Jun 20 21:45:26 2023
    It appears that Barry Gold <bgold@labcats.org> said:
    A camera on a bear or other wildlife is a different question. The bear,
    not being human, has no property rights. The police can put a camera on
    it, or a tracking device to see where it goes. If the camera "happens"
    to catch you feeding the bear, that's usable in court because the police >didn't violate anybody's property rights.

    The Connecticut case is more complex than that. The state thinks,
    probably with good reason, that the plaintiff has been illegally
    feeding the bears to get them to hang around for the tourists to whom
    he charges admission. He argues, again probably with good reason, that
    the camera on the bear was intended specifically to spy on him. I have
    no idea how a court will resolve it.

    It's sort of like flying drones with cameras is OK so long as they
    don't get too close to your house, but how close is too close?

    --
    Regards,
    John Levine, johnl@taugh.com, Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roy@21:1/5 to Stuart O. Bronstein on Tue Jun 20 22:32:39 2023
    On 6/20/2023 12:24 PM, Stuart O. Bronstein wrote:
    Roy <montanawolf@outlook.com> wrote:

    Since IANAL, I didn't realize there is an exception that allows
    the government to search your property without a warrant.

    https://www.foxnews.com/us/virginia-wildlife-officials-trespassed-m
    ans-land-stole-trail-camera-lawsuit-alleges

    Its called the "Open-fields doctrine"

    https://en.wikipedia.org/wiki/Open-fields_doctrine

    My house surrounded by my hay field can be searched until they get
    close to the house. No trespassing signs even fences don't
    prevent the search.

    There is even a story where agents put a camera on a bear to see
    if a homeowner was feeding bears in violation of the law.

    https://www.ctinsider.com/connecticut/article/couple-lawsuit-bear-c
    amera-4th-amendment-18131994.php

    Criminal law is not my field, but I do know that the law has the
    concept of the curtilage - the are around the living quarters as
    being what is protected. Other buildings are also protected, but
    apparently open fields have a different standard.




    To complicate matters, various states have different laws for privacy I
    live in Oregon and my fenced property would require a warrant.

    From the wiki

    "the highest courts of Montana, New York, Oregon and Vermont, as well as
    a Washington state appeals court, have held that the open-fields
    doctrine does not apply in those states due to their state constitutions granting greater protections to citizens (under dual sovereignty a state
    may grant its citizens more rights than those guaranteed in the federal constitution). Since Katz grounded privacy in persons rather than
    places, they argue, landowners who have taken affirmative steps to
    exclude the public such as fencing or posting the bounds assert a
    privacy interest sufficient to prevail over any warrantless search of
    the property where common exceptions such as hot pursuit and plain view
    do not apply. Some of those opinions have been critical of not only
    Oliver but Hester.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Stuart O. Bronstein@21:1/5 to John Levine on Wed Jun 21 11:00:56 2023
    "John Levine" <johnl@taugh.com> wrote:

    It appears that Barry Gold <bgold@labcats.org> said:
    A camera on a bear or other wildlife is a different question. The
    bear, not being human, has no property rights. The police can put
    a camera on it, or a tracking device to see where it goes. If the
    camera "happens" to catch you feeding the bear, that's usable in
    court because the police didn't violate anybody's property rights.

    The Connecticut case is more complex than that. The state thinks,
    probably with good reason, that the plaintiff has been illegally
    feeding the bears to get them to hang around for the tourists to
    whom he charges admission. He argues, again probably with good
    reason, that the camera on the bear was intended specifically to
    spy on him. I have no idea how a court will resolve it.

    It's sort of like flying drones with cameras is OK so long as they
    don't get too close to your house, but how close is too close?

    The difference is that a drone is something you have more or less
    complete control over. With a wild animal you just have to attach
    the camera and hope for the best.


    --
    Stu
    http://DownToEarthLawyer.com

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From micky@21:1/5 to montanawolf@outlook.com on Wed Jun 21 16:39:22 2023
    In misc.legal.moderated, on Tue, 20 Jun 2023 12:04:55 -0700 (PDT), Roy <montanawolf@outlook.com> wrote:


    Since IANAL, I didn't realize there is an exception that allows the >government to search your property without a warrant.

    https://www.foxnews.com/us/virginia-wildlife-officials-trespassed-mans-land-stole-trail-camera-lawsuit-alleges

    Its called the "Open-fields doctrine"

    https://en.wikipedia.org/wiki/Open-fields_doctrine

    My house surrounded by my hay field can be searched until they get close
    to the house. No trespassing signs even fences don't prevent the search.

    There is even a story where agents put a camera on a bear to see if a >homeowner was feeding bears in violation of the law.

    https://www.ctinsider.com/connecticut/article/couple-lawsuit-bear-camera-4th-amendment-18131994.php

    Isn't the conclusion that must be drawn from these two things that if
    you are going to feed the bear, you should do so close enough to the
    house so that it's not open fields. There any photos the bear takes
    should be inadmissable for any legal purpose.

    Although once the govt. has seen them, won't people in the govt. be
    twice as determined to "get" the property owner? Is there any remedy
    for that?

    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Stuart O. Bronstein@21:1/5 to micky on Thu Jun 22 09:21:49 2023
    micky <misc07@fmguy.com> wrote
    Roy <montanawolf@outlook.com> wrote:

    Since IANAL, I didn't realize there is an exception that allows
    the government to search your property without a warrant.

    https://www.foxnews.com/us/virginia-wildlife-officials-trespassed-m >>ans-land-stole-trail-camera-lawsuit-alleges

    Its called the "Open-fields doctrine"

    https://en.wikipedia.org/wiki/Open-fields_doctrine

    My house surrounded by my hay field can be searched until they get
    close to the house. No trespassing signs even fences don't
    prevent the search.

    There is even a story where agents put a camera on a bear to see
    if a homeowner was feeding bears in violation of the law.

    https://www.ctinsider.com/connecticut/article/couple-lawsuit-bear-c >>amera-4th-amendment-18131994.php

    Isn't the conclusion that must be drawn from these two things that
    if you are going to feed the bear, you should do so close enough
    to the house so that it's not open fields. There any photos the
    bear takes should be inadmissable for any legal purpose.

    The issue is whether a wild animal can be a government agent. When a
    human does something that would be a Fourth Amendment violation if
    the government did it, it's admissible because the prohibition
    against improper search and seizure is only against the government.
    I have never researched this issue, but it seems to me it would be
    more like a random search, since you never know where the bear is
    going to go. And random searches are often approved even when there
    is no probable cause.

    Although once the govt. has seen them, won't people in the govt.
    be twice as determined to "get" the property owner? Is there any
    remedy for that?

    --
    Stu
    http://DownToEarthLawyer.com

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Bernie Cosell@21:1/5 to All on Fri Jun 23 12:54:41 2023
    "Stuart O. Bronstein" <spamtrap@lexregia.com> wrote:

    } The difference is that a drone is something you have more or less
    } complete control over.

    How low can a drone fly over your property? three feet above ground level?
    Can it hover outside your windows and look in? I think/though that the
    FAA regulated them but I have no idea what they're permitted "airspace" is

    /Bernie\
    --
    Bernie Cosell Fantasy Farm Fibers
    bernie@fantasyfarm.com Pearisburg, VA
    --> Too many people, too few sheep <--

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From John Levine@21:1/5 to All on Fri Jun 23 21:28:14 2023
    According to Bernie Cosell <bernie@fantasyfarm.com>:
    "Stuart O. Bronstein" <spamtrap@lexregia.com> wrote:

    } The difference is that a drone is something you have more or less
    } complete control over.

    How low can a drone fly over your property? three feet above ground level?

    The FAA says the maximum height for a drone is 400 feet without a
    waiver, with obvious exclusions near an airport or in controlled
    airspace. The operator has to be able to see the drone at all times.

    State law controls how close a drone can get to people or property.
    Very few states have specific drone laws (VA only has one about police
    using them) so laws about trespass and harassment apply. I gather this
    is a hot topic and the details are very unsettled.

    --
    Regards,
    John Levine, johnl@taugh.com, Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Barry Gold@21:1/5 to Bernie Cosell on Fri Jun 23 21:26:19 2023
    On 6/23/2023 12:54 PM, Bernie Cosell wrote:
    "Stuart O. Bronstein"<spamtrap@lexregia.com> wrote:

    } The difference is that a drone is something you have more or less
    } complete control over.

    How low can a drone fly over your property? three feet above ground level? Can it hover outside your windows and look in? I think/though that the
    FAA regulated them but I have no idea what they're permitted "airspace" is

    The FAA controls the space starting 1,000 ft AGL (above ground level).
    Below that it belongs to the owner of the property it sits above.

    --
    I do so have a memory. It's backed up on DVD... somewhere...

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roy@21:1/5 to John Levine on Fri Jun 23 22:02:27 2023
    On 6/23/2023 9:28 PM, John Levine wrote:
    According to Bernie Cosell <bernie@fantasyfarm.com>:
    "Stuart O. Bronstein" <spamtrap@lexregia.com> wrote:

    } The difference is that a drone is something you have more or less
    } complete control over.

    How low can a drone fly over your property? three feet above ground level?

    The FAA says the maximum height for a drone is 400 feet without a
    waiver, with obvious exclusions near an airport or in controlled
    airspace. The operator has to be able to see the drone at all times.

    State law controls how close a drone can get to people or property.
    Very few states have specific drone laws (VA only has one about police
    using them) so laws about trespass and harassment apply. I gather this
    is a hot topic and the details are very unsettled.


    Another magic number is 170 feet. Antennas exceeding 170 feet are
    required by the FCC and FAA to be lighted. Many years ago I had a FCC
    license to operate radio and TV stations and I remember a requirement
    for two bulbs in each light and the engineer on duty had to verify each
    night which bulb was in use at each level. If on the backup, the
    primary had to be replaced with a few days. Antenna over 2000' are very
    special cases.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Bernie Cosell@21:1/5 to All on Sun Jun 25 06:45:42 2023
    "John Levine" <johnl@taugh.com> wrote:

    } State law controls how close a drone can get to people or property.
    } Very few states have specific drone laws (VA only has one about police
    } using them) so laws about trespass and harassment apply. I gather this
    } is a hot topic and the details are very unsettled.

    A related question: is it legal to shoot down [or otherwise
    disable/destroy] a drone flying over your property?

    /Bernie\
    --
    Bernie Cosell Fantasy Farm Fibers
    bernie@fantasyfarm.com Pearisburg, VA
    --> Too many people, too few sheep <--

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From John Levine@21:1/5 to bernie@fantasyfarm.com on Sun Jun 25 11:49:11 2023
    It appears that Bernie Cosell <bernie@fantasyfarm.com> said:
    } Very few states have specific drone laws (VA only has one about police
    } using them) so laws about trespass and harassment apply. I gather this
    } is a hot topic and the details are very unsettled.

    A related question: is it legal to shoot down [or otherwise
    disable/destroy] a drone flying over your property?

    It's a matter of state law but in general I doubt it.

    If you shoot down the drone, neither you nor the operator can control
    where it hits the ground, and most of the bullets are going to miss
    the drone and come down somewhere else. Unless you can demonstrate
    that the drone was a danger and not just an annoyance, you may well be
    liable for damage to the drone, too.

    --
    Regards,
    John Levine, johnl@taugh.com, Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Stuart O. Bronstein@21:1/5 to Bernie Cosell on Sun Jun 25 11:47:44 2023
    Bernie Cosell <bernie@fantasyfarm.com> wrote
    "John Levine" <johnl@taugh.com> wrote:

    } State law controls how close a drone can get to people or property.
    } Very few states have specific drone laws (VA only has one about police
    } using them) so laws about trespass and harassment apply. I gather this
    } is a hot topic and the details are very unsettled.

    A related question: is it legal to shoot down [or otherwise
    disable/destroy] a drone flying over your property?

    Interesting question. I don't know that there is a rule for that. But I
    would imagine that if it's trespassing and becomes a nuisance, that would likely be proper.


    --
    Stu
    http://DownToEarthLawyer.com

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From micky@21:1/5 to Bernie Cosell on Sun Jun 25 12:39:02 2023
    In misc.legal.moderated, on Sun, 25 Jun 2023 06:45:42 -0700 (PDT),
    Bernie Cosell <bernie@fantasyfarm.com> wrote:

    "John Levine" <johnl@taugh.com> wrote:

    } State law controls how close a drone can get to people or property.
    } Very few states have specific drone laws (VA only has one about police
    } using them) so laws about trespass and harassment apply. I gather this
    } is a hot topic and the details are very unsettled.

    A related question: is it legal to shoot down [or otherwise
    disable/destroy] a drone flying over your property?

    /Bernie\

    That's what the Ukrainians and the Israelis have been doing. But of
    course they're not in the USA, so maybe it's different.

    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rick@21:1/5 to micky on Sun Jun 25 22:05:41 2023
    "micky" wrote in message news:o85h9ihraff5tj4otiojk80t3965knroa7@4ax.com...

    In misc.legal.moderated, on Sun, 25 Jun 2023 06:45:42 -0700 (PDT),
    Bernie Cosell <bernie@fantasyfarm.com> wrote:

    "John Levine" <johnl@taugh.com> wrote:

    } State law controls how close a drone can get to people or property.
    } Very few states have specific drone laws (VA only has one about police
    } using them) so laws about trespass and harassment apply. I gather this
    } is a hot topic and the details are very unsettled.

    A related question: is it legal to shoot down [or otherwise >>disable/destroy] a drone flying over your property?

    /Bernie\

    That's what the Ukrainians and the Israelis have been doing. But of
    course they're not in the USA, so maybe it's different.


    But the drones shot down by Israel and Ukraine are clearly being used as weapons. I think if you knew that a drone over your property was being used
    as a weapon and that your life or property were under attack, you'd likely
    be justified in shooting it down. A drone sent over your property that appears to be just for someone's amusement would be a different case. If your life and property aren't in danger of being attacked, then shooting
    down the drone could create other problems such as bullets going astray and possibly jeopardizing the life or property of innocent third parties.

    --

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From RichD@21:1/5 to Bernie Cosell on Mon Jul 3 22:03:54 2023
    On June 25, Bernie Cosell wrote:
    A related question: is it legal to shoot down [or otherwise
    disable/destroy] a drone flying over your property?

    Was it legal for the Pakistan air force to shoot down the helicopter
    carrying the commando squad, sent to whack Osama, in 2011?

    (assuming they had spotted that bird)

    --
    Rich

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From RichD@21:1/5 to Barry Gold on Mon Jul 3 21:54:51 2023
    On June 20, Barry Gold wrote:
    It comes down to a basic principle of privacy: what happens in private
    is private and not to be invaded. What happens in public is public. If
    it can be seen from the street or public walkway, it's public.

    What if a house has a digital code door lock, and one places
    a camera on the sidewalk, which can zoom in to the lock's
    keypad, watching as the home owner punches it?


    --
    Rich

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roy@21:1/5 to RichD on Mon Jul 3 22:45:24 2023
    On 7/3/2023 10:03 PM, RichD wrote:
    On June 25, Bernie Cosell wrote:
    A related question: is it legal to shoot down [or otherwise
    disable/destroy] a drone flying over your property?

    Was it legal for the Pakistan air force to shoot down the helicopter
    carrying the commando squad, sent to whack Osama, in 2011?

    (assuming they had spotted that bird)

    --
    Rich


    Was it legal for the Soviets to shoot down Powers U-2?

    Was it legal for the US to shoot down the Chinese balloon?

    Legal by who?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rick@21:1/5 to All on Tue Jul 4 08:15:04 2023
    "RichD" wrote in message news:00e80990-63e5-477d-8e31-f021af29cb4bn@googlegroups.com...

    On June 25, Bernie Cosell wrote:
    A related question: is it legal to shoot down [or otherwise
    disable/destroy] a drone flying over your property?

    Was it legal for the Pakistan air force to shoot down the helicopter
    carrying the commando squad, sent to whack Osama, in 2011?

    (assuming they had spotted that bird)

    --
    Rich

    Well that would be Pakistani law, which I presume is different from US law. Don't think that would be relevant to the original question.

    --

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rick@21:1/5 to All on Tue Jul 4 08:17:50 2023
    "RichD" wrote in message news:30f8c3d5-2deb-402c-9620-2f8dd18a2706n@googlegroups.com...

    On June 20, Barry Gold wrote:
    It comes down to a basic principle of privacy: what happens in private
    is private and not to be invaded. What happens in public is public. If
    it can be seen from the street or public walkway, it's public.

    What if a house has a digital code door lock, and one places
    a camera on the sidewalk, which can zoom in to the lock's
    keypad, watching as the home owner punches it?


    --
    Rich

    My understanding is that a camera that records things that a human can also
    see from a position off the person's property is perfectly legal. Thus a camera mounted on the house across the street from me that can see my door
    and people coming and going just as a human could from the same position is legal. But once you add a zoom capability that can zoom in on details that
    a human eye wouldn't pickup, that becomes an invasion of privacy.

    --

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rick@21:1/5 to Roy on Tue Jul 4 08:16:36 2023
    "Roy" wrote in message news:u80b98$lj7$1@dont-email.me...

    On 7/3/2023 10:03 PM, RichD wrote:
    On June 25, Bernie Cosell wrote:
    A related question: is it legal to shoot down [or otherwise
    disable/destroy] a drone flying over your property?

    Was it legal for the Pakistan air force to shoot down the helicopter
    carrying the commando squad, sent to whack Osama, in 2011?

    (assuming they had spotted that bird)

    --
    Rich


    Was it legal for the Soviets to shoot down Powers U-2?

    Was it legal for the US to shoot down the Chinese balloon?

    Legal by who?

    I'm sure the Gary Powers incident was "legal" under Soviet law at the time, given their apparent disdain for Americans and the fact he was clearly
    spying. The more interesting question would be if a similar manned plane
    had been sent by the Russians over US territory, would the US be justified
    in shooting it down? Unless the plane were headed toward a building a la
    the 9/11 crew or creating an obvious jeopardy to humans, I'm not sure what
    the US law would be with regard to shooting down a manned but apparently unarmed aircraft.

    In the case of the Chinese balloon, the US made a reasonable inference that
    the object had been sent for spying purposes, it was clearly unmanned and
    the government waited until they thought it could be brought down without jeopardizing life or property.

    --

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roy@21:1/5 to Rick on Tue Jul 4 09:21:27 2023
    On 7/4/2023 8:16 AM, Rick wrote:


    I'm sure the Gary Powers incident was "legal" under Soviet law at the
    time, given their apparent disdain for Americans and the fact he was
    clearly spying.  The more interesting question would be if a similar
    manned plane had been sent by the Russians over US territory, would the
    US be justified in shooting it down?  Unless the plane were headed
    toward a building a la the 9/11 crew or creating an obvious jeopardy to humans, I'm not sure what the US law would be with regard to shooting
    down a manned but apparently unarmed aircraft.

    From the wiki
    "U.S. officials claimed that the U-2 had been conducting a routine
    weather flight but experienced a malfunction of its oxygen delivery
    system that had caused the pilot to black out and drift over Soviet air
    space. On May 7, however, Khrushchev revealed that Powers was alive and uninjured, and clearly had not blacked out from oxygen deprivation.
    Moreover, the Soviets recovered the plane mostly intact, including the
    aerial camera system. It became instantly apparent that the weather
    survey story was a cover-up for a spy"

    The Soviets knew they were shooting at an unarmed manned aircraft


    In the case of the Chinese balloon, the US made a reasonable inference
    that the object had been sent for spying purposes, it was clearly
    unmanned and the government waited until they thought it could be
    brought down without jeopardizing life or property.

    --

    The US knew they were shooting at an unarmed unmanned aircraft.

    If a Chinese version of the SR-71 were to fly across the US, would the
    US shoot it down?

    There still is the "Open Skies" treaty although both the US and Russia withdrew

    https://www.armscontrol.org/factsheets/openskies#:~:text=Signed%20March%2024%2C%201992%2C%20the,on%20military%20forces%20and%20activities.

    Signed March 24, 1992, the Open Skies Treaty permits each state-party to conduct short-notice, unarmed, reconnaissance flights over the others'
    entire territories to collect data on military forces and activities.

    In 2009, the United States flew a total of thirteen flights, twelve over
    Russia and one over Ukraine.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roy@21:1/5 to Rick on Tue Jul 4 09:20:48 2023
    On 7/4/2023 8:17 AM, Rick wrote:


    My understanding is that a camera that records things that a human can
    also see from a position off the person's property is perfectly legal.
    Thus a camera mounted on the house across the street from me that can
    see my door and people coming and going just as a human could from the
    same position is legal.  But once you add a zoom capability that can
    zoom in on details that a human eye wouldn't pickup, that becomes an
    invasion of privacy.

    --

    Check out Moore vs US. Issue: Whether long-term police use of a
    surveillance camera targeted at a person’s home and curtilage is a
    Fourth Amendment search.

    The case concerns an eight month surveillance of the exterior of a house
    via a pole camera

    https://www.scotusblog.com/case-files/cases/moore-v-united-states-2/

    Supreme court declined to review

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Barry Gold@21:1/5 to Roy on Tue Jul 4 12:05:43 2023
    On 7/3/2023 10:45 PM, Roy wrote:
    On 7/3/2023 10:03 PM, RichD wrote:
    On June 25, Bernie Cosell wrote:
    A related question: is it legal to shoot down [or otherwise
    disable/destroy] a drone flying over your property?

    Was it legal for the Pakistan air force to shoot down the helicopter
    carrying the commando squad, sent to whack Osama, in 2011?

    (assuming they had spotted that bird)

    --
    Rich


    Was it legal for the Soviets to shoot down Powers U-2?

    Was it legal for the US to shoot down the Chinese balloon?

    Legal by who?

    Legal by International Law, which is a web of treaties dealing with
    various matters.

    I would say, yes. A country has a right to control its airspace, and
    that includes shooting down military incursions. However, it is
    considered better to first warn them and (if they will comply) escort
    them to the border. Otherwise you get embarrassments like KAL 007, which probably cost the USSR considerable face.


    --
    I do so have a memory. It's backed up on DVD... somewhere...

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)