Sonoma County Grounds Its Warrantless Drone Surveillance of Backyards

Nichola Schmitz, who is deaf, could not hear the government drone hovering over her rural farm. She learned of it only when someone else on the property pointed it out. Schmitz later worried that the drone might have recorded her while she was undressed.

It was a gross violation of the privacy she should enjoy on her own property. That did not stop Sonoma County, California, from using evidence from the warrantless flight to cite Schmitz for alleged code violations, fine her thousands of dollars, and place a lien on her property.

“No one should have to be afraid to open their blinds or step into their own backyard because a government drone might be watching,” Schmitz said.

Last year, PPSA reported on an ACLU lawsuit challenging Sonoma County’s “runaway” drone program. What began in 2019 as an effort to locate unauthorized cannabis cultivation in remote areas had expanded into general code enforcement. Low-flying drones equipped with zoom lenses recorded homes, fenced yards, swimming pools, hot tubs, and other private spaces – typically without warrants or residents’ knowledge.

Now the ACLU of Northern California has announced a settlement that places significant restraints on the program.

Sonoma County Code Enforcement will be prohibited from conducting warrantless drone surveillance of homes and their surrounding areas, except in limited circumstances, such as emergencies or with the property owner’s consent. Sonoma County must also notify residents whose homes have already been surveilled.

The county must also delete drone footage within 30 days, unless it is connected to an active investigation, and it generally cannot share images with third parties. Officials must present a revised drone policy for public comment and provide flight logs to the ACLU for two years – records that could reveal whether officials have abused this surveillance platform, as some have abused Flock Safety cameras.
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Forty years ago, the California Supreme Court prohibited warrantless aerial surveillance of homes and their surrounding areas. This settlement brings that principle into the drone age: The government cannot use new technology to peer over a fence and evade constitutional limits that apply on the ground.

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