
Destroying your neighbors irritating drone.
In an episode from the hit series TV show Modern Family, Phil, Luke, and Manny go to great lengths in an attempt to destroy the neighbors irritating drone.
Phil isn’t alone. With the increasing number of hobbyist drones, the suburban airspaces have turned into minor battlefields. The question becomes, is it legal to destroy your neighbor’s drone? In most instances no, of course, as with anything there are a few exceptions.
The History of Drones in the United States
A drone or unmanned aircraft vehicle (UAV) is an aircraft without a human pilot. Innovation for today’s drones began in the early 1900s as a way to train military personnel. Little more than remote-controlled airplanes, the drones were modified in the 1960s with the U.S., concerned about losing pilots during the Vietnam War began deploying drones for high-risk flying operations. Heading into the early 1990s and with technology advancing, the U.S. unveiled their armed UAV lineup for the Gulf War.
While drones were developed for and associated with military applications, they have become more common in everyday urban and rural life. Modern UAVs are used for aerial surveillance of crops, footage in filming, search and rescue operations, inspection of power lines and pipelines, counting wildlife, delivering supplies, crowd monitoring, etc. UAVs have also become a trendy hobby for people, which is why you may not be all that thrilled about your neighbors new toy.
Is it legal for your neighbor to fly a UAV?
Yes, although there are limitations on using drones and capturing images of persons on private property and images of private real property. See Texas Government Code, Section 423. Look for the laws surrounding drones to change and develop as people continue to take their latest hobby to the air.
Can I destroy my neighbors flying UAV because I don’t like it?
No. In fact you can be prosecuted under Federal Law 18 U.S.C. Section 32, stating in part:
(a) whoever willfully-
(1) sets fire to, damages, destroys, disables, or wrecks any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated, or employed in interstate, overseas, or foreign air commerce
…shall be fined…or imprisoned not more than 20 years.
In 2011 the National Transportation Safety Board declared a drone an aircraft subject to FAA regulations. In other words the aforementioned Federal Law criminalizing the destruction of an aircraft applies to your neighbor’s irritating, drone hovering over your backyard.
What if I am under attack from my neighbor’s drone?
While self-defense has always had a bit of grey area in its application, if you believe force is immediately necessary to protect you, your family, or even your neighbors property, then yes you can take it down. Is the drone equipped with ammo? You can destroy. Is the drone trying to ram you? You can destroy.
What if the drone lands on my yard?
Unlike airspace (government property), your yard is your property. However, that doesn’t mean you can take a Louisville Slugger to the drone. In Texas, you may defend your property, but you must believe you are under attack.
What if the drone flies into my home?
If the drone comes crashing through your window and lands in your home, feel free to channel your inner – Dwayne “The Rock” Johnson and dust off your best “people’s elbow.”
Under the law, self defense may be used if a person unlawfully and with force enters your home. Here a drone (via a person) has unlawfully and with force entered your home.
What if the drone is a “Peeping Tom?”
Just because someone is snapping photos of you, doesn’t mean you can take a crane kick to their face.
So, technically speaking under Federal Law it seems you could be prosecuted for destroying or damaging the drone. Practically speaking, however, I find it difficult to believe any jury would find you at fault. On the other hand, the owner of the drone could face a variety of criminal penalties depending on what type, if any, images were captured.
Back to Phil…
So was Phil breaking the law? Maybe.
Under Federal Law, Phil could be prosecuted. Of course, he would argue that he was only defending himself and his family from the attacking drone. This may keep him out of harms way. That is of course if investigators believe he was in fact under attack and in fear of his or his family’s life.
Officers may take the easier route and just charge him indecent exposure (1:10) and Manny with theft (of the bike, 0:39).
What you should do.
If you encounter an irritating drone around your home, call the police. In most instances you should stay clear from destroying, damaging, or attempting to destroy or damage a drone. Just because you see a drone in the sky, doesn’t mean it is coming after you. While there are exceptions to the law, taking action (even if legally justified) does not mean you are “scot-free.” Not only could you find yourself facing a criminal investigation but civil penalties as well.
Because “droning” is relatively a new hobby, it will take time for laws to catch up. in the meantime realize the hobbyist controlling the drone is most likely just taking the toy out for a quick spin. If the drone makes you uncomfortable notify the proper authorities.

10 Things You Should Know During a Traffic Stop
A recent article is circulating regarding 10 things one should know during a traffic stop. While some of the information is true, a few pieces are both confusing and untrue.
1) You have the right to remain silent, but upon request should produce your correct name, address, driver’s license & insurance.
2) If an officer has reasonable suspicion or probable cause a crime is or will be committed he/she can ask you to step out of the vehicle.
3) You have the right to ask the officer, why you are being ordered out of the vehicle, but he does not have to answer or give you a reason.
4) You can ask if you are free to leave. If the officer says yes, you may leave. If the officer says no, consider yourself detained for further investigation. Remember your right to remain silent.
5) You can ask if you are under arrest. If the officer says no, ask if you may leave. If the officer says you are under arrest, do not resist. Remember your right to remain silent.
7) You have the right to disagree with the officer, but your right does not extend to being physical with the officer.
8) You have the right to record, and in most instances are being recorded by the police vehicle’s dash camera.
9) You CAN absolutely refuse permission to search your vehicle.
10) Understand less is more. The officer may not have reasonable suspicion to detain or probable cause to arrest you. Don’t provide it by thinking you can talk your way out of the situation.

The truth behind the odor of marijuana
For years Texas courts, under the mistaken belief police officers possess superhuman–like senses of smell, have permitted invasive search and seizures based on the odor of marijuana alone. This low threshold has morphed into a catch-all phrase for vehicular searches and subsequent drug arrests. This is particularly troublesome when you read statements like the one given by
Peter Keane, a former San Francisco Police commissioner, in an article for the San Francisco Chronicle, titled “Why Cops Lie”:
Police officer perjury in court to justify illegal dope searches is commonplace. One of the dirty little not-so-secret secrets of the criminal justice system is undercover narcotics officers intentionally lying under oath. It is a perversion of the American justice system that strikes directly at the rule of law. Yet it is the routine way of doing business in courtrooms everywhere in America.
Find a marijuana case and you will find a police report citing the odor of marijuana as the basis for probable cause. Find a cocaine case and you will find a police report citing the odor of marijuana as the basis for probable cause. This is despite any cannabis being found. This catch-all phrase for probable cause is not only subjective, but unverifiable without any reliable standardized training.
Walk into a medicinal marijuana shop and you will find jars full of marijuana. There is the Tahoe-OG that provides a syrupy smell and taste. There is Bubblegum Kush, that tastes and smells as the name suggests. There is the Blueberry strain and the Vanilla strain. The point is the odor of marijuana can take on many different scents.
The make-up of marijuana consists of different cannabinoids, flavonoids, and terpenoids. How much of each varies. The nearly 200 different types of Terpenoids or Terpenes give marijuana its smell. These terpenoids can be found in our everyday fruits, vegetables, herbs, spices, and hops.
Terpenes | Aroma | Also Found In |
Alpha-Pinene | Pine | Pine Needles, Rosemary, Basil, Mosley, Dill |
Myrcene | Earth, Herbal, Citrus | Mango, Lemongrass, Thyme, Hops |
Limonene | Citrus | Fruit Rinds, Rosemary, Juniper |
Caryophyllene | Pepper | Black Pepper |
Linalool | Floral | Lavender |
The fact marijuana may smell similar to many of your kitchen spices, a pack of bubblegum, or a pine tree isn’t the only issue. The actual ability to smell marijuana from a vehicle was called into question by a peer-reviewed journal article, entitled “Marijuana Odor Perception: Studies Modeled From Probable Cause Cases”, published in the Law and Human Behavior (Vol. 28, No. 2, April 2004). Based on two different studies this article wrote, “… a blanket acceptance of testimony based upon reported detection of odors for probable cause is questionable…”. In the first of two studies, researchers recreated a situation where, during a normal traffic stop, an officer would say he detects the odor of packaged marijuana, located in the trunk of a car. The study discovered that individuals in this officer’s position were unable to accurately detect marijuana odor. In fact, the presence of marijuana was incorrectly identified 90% of the time.
Fortunately, there have been steps made in the right direction. Recent case law in Texas declared the odor of marijuana alone insufficient probable cause for searching a home. Other states have revisited the olfactory questions as it relates to marijuana in a vehicle. Massachusetts, for example, held due to the medicinal stature, the smell of marijuana is ‘no longer indicative of criminal activity’ and therefore no longer justifies probable cause. With the recent passage in Texas allowing the limited use of medicinal marijuana, searches and arrests based on the odor of marijuana are ripe for challenge.
As history continues to be made and states across the nation set out to enact some form of marijuana legislation, the requirement for probable cause needs to keep pace.
Next time you are in your kitchen, open up a bottle of oregano, give it a smell, and you will understand.

Breaking Chains
In the event you are arrested…

Probe into ‘Enjoy your ride’ sign on police van
http://www.cnn.com/2015/07/03/us/baltimore-police-van-sign/index.html

Come back with a warrant doormat
Send a message right out of the gate.
Hurricane Season.
With the 2015 Hurricane season underway, and with tropical developments already effecting Houston, here is a “to do” list before, during, and after the storm, including what to do if you have a court date approaching.
Before the Storm, have:
- your car tank filled with gasoline;
- a fire extinguisher;
- first aid supplies and prescription medications;
- charcoal, lighter fluid, lighter or matches;
- candles;
- flashlight, battery-operated radio (for news updates) and a two week supply of batteries;
- bottled water; cooler, ice/gel packs;
- hammer, nails, making tape, plywood and plastic for quick home repairs;
- clean up supplies (i.e. mops, brooms, rakes, pails;
- non-perishable food items, eating utensils, plates, cups, and a manual can opener;
- protective clothing and rain gear;
- removed anything in your lawn that could be blown away;
- inspected any hazards, such as old trees that could fall;
- take video/photos for a home inventory;
- check your insurance policies
- if you feel like being proactive get a gas-powered generator.
During the Storm:
- Stay inside, away from windows, skylights, and glass doors;
- If power is lost, turn off major appliances to reduce “power surge” when electricity is restored;
- Store valuables and personal papers in waterproof containers on the highest level of your home;
- Turn fridge to coldest setting.
After the Storm:
- Be aware of high water or fallen power lines when driving;
- if your home or building has structural damage, do not enter until it has been checked by officials;
- be aware of snakes;
- Do not drink or prepare food with tap water until certain it is not contaminated
- If damage occurred, notify your insurance company. Keep records of your clean up costs.
Court date approaching:
- Visit the District Clerk’s website (if accessible);
- Contact your bail company;
- Contact your attorney;
- Contact the court.
The counties tend to wait till the last minute to make decisions on court closings. Unless you hear otherwise, plan on being in court. Do not however, put yourself in danger to do so. If you have an issue, notify your attorney who will get in touch with the court staff for you.
84th Texas Legislative Session – Criminal Justice
The 84th Texas Legislative Session just ended. Below are both passed and denied bills related to criminal justice.
Belief will be passed:
- ending the “pick-a-pal” grand jury system;
- Why it matters: In light of fierce national debate over the diversity of jurors, this law allows for random selection of grand jurors as opposed to the judge asking an acquaintance to come up with a list of individuals. Texas is the last state to switch from the so-called “key-man” or “pick-a-pal” system.
- scaling back the use of state youth prisons;
- Why it matters: this law provides alternative family-centric provisions to incarcerated juveniles. The focus is on rehabilitation.
- adjusting property theft thresholds for inflation:
- Why it matters: Theft punishment ranges are determined by property value. The problem was the difference in being charged with a misdemeanor or a felony had not been adjusted since 1993. A $30 item in 1993 would have been a class C misdemeanor. That same item in 2015, would be $50, or a class B misdemeanor.
- expunctions for lesser offenses: Note: this bill was vetoed by the governor.
- Why it matters: If you were arrested for example, for DWI and plead guilty to obstruction of a highway, you can now have the DWI expunged or erased.
- reduction of state jail felony to class A misdemeanor: Note: this bill was vetoed by the governor.
- Why it matter: Under this law if you plead guilty to a state jail felony, receive community supervision and meet additional requirements you can motion the court to reduce the felony to a misdemeanor. If the judge grants the motion you will no longer have a felony conviction.
- decriminalizing truancy:
- Why it matters: Failure to Attend School (FTAS) or “truancy” was a class C misdemeanor. The focus will now shift toward truancy prevention as opposed to writing kids a bunch of tickets.
What could have been (denied or stalled):
- the good samaritan bill that would have protected people from prosecution if they call 911 to report a drug overdose;
- low risk prisoners given the alternative of home confinement as opposed to prison;
- Decriminalizing Marijuana;
- Treating 17 year olds as juveniles rather than adults;
- The “ban-the-box” bill that would have prohibited state agencies from asking about one’s criminal history on a job application;
- Asset Forfeiture upon certain arrests.