How Private Investigators Can Use Drones Legally for Surveillance — And What Private Citizens Should Know

Drones have become one of the most powerful tools available to modern private investigators. They offer perspectives that previously required ladders, binoculars, or even aircraft. But with these advantages comes an equally important responsibility: ensuring drone use complies with federal law, state regulations, and privacy expectations.

1. Federal Regulations: The Foundation of Legal Drone Use

All legal drone operations in the United States are governed by the Federal Aviation Administration (FAA). Whether you’re a licensed private investigator or a private citizen, the rules begin here.

Key FAA Requirements

• Commercial Use Requires Part 107 Certification
  Private investigators must obtain an FAA Remote Pilot Certificate (Part 107) to legally use drones for business purposes, including surveillance.

• Drones must weigh under 55 lbs (unless specially certified).

• Operate only in Class G airspace unless you have authorization to fly in controlled airspace.

• Always maintain VLOS (Visual Line of Sight)
  The pilot or a visual observer must be able to see the drone at all times.

• Daylight or civil twilight operations only, unless you have a nighttime waiver.

• No flying over people or moving vehicles
  Exceptions apply if the drone meets specific safety categories or has a waiver.

For private investigators, Part 107 is essential. Operating commercially without it can result in hefty fines, legal liability, and cases being dismissed due to improper evidence collection.

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2. Legal Drone Use for Private Investigators

Private investigators use drones to obtain aerial photos, monitor activities, document property conditions, and support litigation. However, the key is staying on the legal side of privacy laws.

Permissible Uses

• Surveying accident scenes

• Documenting property lines, damage, or assets

• Monitoring a subject in public view (e.g., a yard visible from the street)

• Recording environmental conditions

• Supporting insurance investigations

• Locating hidden or difficult-to-reach areas

Where Investigators Must Be Careful

Even with FAA approval, privacy laws still apply. Investigators must avoid:

• Peering into windows or enclosed spaces
  This may violate state “Peeping Tom” or privacy statutes.

• Flying over private property without proper altitude or authorization
  Although federal law grants airspace control to the FAA, states vary on low-altitude property rights.

• Using drones in a way that constitutes harassment or stalking
  Even investigators must not create a pattern of unwanted surveillance that a court could deem harassment.

• Recording in areas where individuals have a “reasonable expectation of privacy”, such as:

  • Inside homes

  • Behind privacy fences

  • Inside garages

  • Private gatherings

Best Practices for Investigators

• Obtain written permission when appropriate (e.g., insurance claims, property surveys).

• Document flight paths and purposes in case evidence is challenged.

• Maintain compliance logs for all Part 107 operations.

• Use drones only as a supplement—not a replacement—for traditional fieldwork.

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3. State Laws Affect Drone Surveillance

Each state has its own laws addressing privacy, aerial surveillance, and trespassing. Some states specifically restrict drone-based surveillance by private investigators, while others allow it under general privacy rules.

For example:

• Some states prohibit using drones to capture images over private property without consent.

• Others restrict weaponized or night-vision–equipped drones.

• A few states require law enforcement-level standards for drone evidence gathering.

Because these vary widely, every investigator should review:

• Their state’s drone laws

• Local municipal ordinances

• Case law on aerial privacy expectations

If you want a breakdown for your state, I can provide one.

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4. Drone Use for Private Citizens: What’s Legal?

You don’t have to be a private investigator to fly a drone—but the rules still apply.

What Private Citizens Can Do

• Fly drones recreationally under the FAA’s Exception for Recreational Flyers.

• Capture aerial images of landscapes, public places, or your own property.

• Fly in allowed airspace with an FAA TRUST certificate.

• Use drones for personal security (monitoring livestock, property lines, fences, etc.) as long as it doesn’t invade privacy.

What Private Citizens Cannot Do

• Spy on neighbors or record them in private spaces

• Fly directly over people or moving vehicles

• Use drones for commercial gain without Part 107 certification

• Interfere with emergency operations

• Fly in restricted airspace

The bottom line: A drone is not a license to invade privacy, even if you own the airspace directly above your yard.

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5. How Drones Benefit Both Investigators and Citizens

For Private Investigators

• Cost-effective aerial surveillance

• Improved documentation

• Safer inspections (roofs, dangerous areas)

• Faster scene reconstructions

For Private Citizens

• Property monitoring

• Home security support

• Farming and livestock oversight

• Search-and-rescue assistance

• Recreational fun and photography

Both investigators and citizens are held to the same legal standards of safety and privacy, what differs is the commercial regulation.