Dan Horn

dhorn@enquirer.com

No one will confuse the Hamilton County sheriff’s new aerial drone with the unmanned Predators that launch Hellfire missiles from the skies over Iraq.

It’s about the size of carry-on luggage, is armed only with a small camera and looks a little like a toy the kids might fly in the backyard. In fact, if they have the cash, kids can fly it: The drone is available on Amazon for about $800.

Buying such a modest drone is a small step, but Sheriff Jim Neil’s decision to add it to his arsenal is part of a much larger movement by law enforcement agencies into the realm of unmanned aircraft.

With that movement come questions about privacy, the role of government and the balance between public interests and personal liberty.

“This is starting to get a little creepy,” said Bill Gallagher, a Cincinnati attorney and past president of the Greater Cincinnati Criminal Defense Lawyers Association. “We all have blinds on our windows for a reason. It’s not because we’re hiding something, but because we enjoy a little privacy.”

The sheriff and county officials say there’s no risk of the drone’s camera peeking into windows or spying on private gatherings. Neil’s spokesman, Mike Robison, said the drone only will be used to take aerial photos of crime scenes and traffic accidents, providing a perspective that could be invaluable to investigators.

Other police agencies, including some in Greater Cincinnati, already have used drones for similar reasons. Earlier this year, the Grant County Sheriff’s Department flew a drone over the scene of a fatal shooting outside Dry Ridge, Kentucky.

“I don’t think we should be afraid of technology so long as it applies to and is used for a proper purpose,” said Hamilton County Commissioner Todd Portune. “This seems like it’s a legitimate use of the technology.”

Robison said Hamilton County’s use of the drone, known as the Phantom 2, will comply with Federal Aviation Administration rules that prohibit drones from flying above 400 feet or in heavily populated areas. Some police agencies around the country have obtained waivers from the FAA to exceed those limits, but the Hamilton County sheriff’s office isn’t among them.

“Our plans would not violate any of those regulations,” Robison said. “We would be using this for low-level overhead shots.”

As long as that’s the case, county officials say, the sheriff is within his rights to buy the drone and test its potential. He’ll pay $800 for a basic version of the Phantom 2 – some drones sell for thousands of dollars – so price isn’t an issue even in an era of tight budgets.

The hope is the drone could end up saving money in the long run, possibly doing work that might otherwise require more deputies or the use of the sheriff’s helicopter, which is far more costly to operate.

Commissioner Greg Hartmann initially raised concerns about the drone because the county does not yet have a policy on using the technology, but he said the sheriff’s plans don’t seem out of line.

“If it’s used properly, it could be a great tool for law enforcement,” Hartmann said.

Still, privacy rights advocates worry about expanding the use of the flying cameras. Some say even well-intentioned police might be tempted to use the drones for other purposes, such as buzzing high crime areas or taking elicit photos of suspects without a warrant.

Gallagher said GPS technology, email and cell phones have opened the door to all sorts of actual and potential abuses by law enforcement. He said the debate over the National Security Agency collecting millions of emails without a warrant is just one example of the possible pitfalls of the government’s use of new technology, such as drones.

At least nine states, including Indiana, enacted laws this year restricting the use of drones. Many others, including Kentucky, are considering legislation to do the same.

“It’s a slippery slope,” Gallagher said. “How much of our lives are up for government scrutiny? The use is going to be expanded the same way every other tool they’ve asked for has been expanded.”

The sheriff, though, says careful use of the new drone will save money and could help solve crimes. County officials say they’ll keep an eye on the drone experiment to make sure that’s the case.

“I wouldn’t want to see any expansion of the use without there being a full discussion,” Portune said. “You do have to balance public purpose and privacy rights.”