Federal LEO Vulnerability Rises as Drone Usage Surges

Drone Debacle

The use of unmanned aircraft systems has been surging, with drone usage near U.S. borders, at sporting events, and during other major public gatherings causing disruptions and panic across the country. During a recent joint hearing by the Subcommittee on Counterterrorism, Law Enforcement, and Intelligence and the Subcommittee on Transportation and Maritime Security entitled, “Safeguarding the Homeland from Unmanned Aerial Systems,” officials from the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), and Customs and Border Protection (CBP) told lawmakers that their agencies’ current legal authorities are insufficient to deal with drones.

According to Brad Wiegmann, DOJ’s Deputy Assistant Attorney General for national security, the use of drone detection and counter-drone technologies could violate criminal laws if expanded legal authority is not granted to federal law enforcement agencies. Despite inadequate authority, law enforcement agencies may be blamed for insufficient protection, especially around the border. In unpredictable times, it is crucial that federal law enforcement officers have the tools they need to protect themselves.

Amending Authority

Much of the discussion at the hearing was centered on the Counter-UAS Authority Security, Safety, and Reauthorization Act (H.R.8610), which would renew and reform counter-UAS legal authorities and strengthen the Federal Aviation Administration’s oversight powers of drones. The bill would also increase involvement from state, local, tribal, and territorial law enforcement, requiring the Department of Homeland Security to create a counter-UAS mitigation pilot program that would provide them with some drone-mitigation powers.

Since the FBI was granted counter-UAS authorities in 2019, the agency has detected more than 1,000 drones in violation of federal law and conducted 69 operational missions. However, without assistance from state and local law enforcement partners, the FBI does not have the resources to protect the over tens of thousands of mass gatherings in the country every year, according to Robert W. Wheeler Jr., Assistant Director of the FBI’s Critical Incident Response Group. “The use of counter-UAS to protect against these situations is crucial and can only be fully addressed by expanding the capability to include our state and local partners,” he said.

According to Keith Jones, CBP’s Deputy Executive Assistant Commissioner of air and marine operations, expanded authorities are also needed at the southern and northern borders. In 2023, CBP documented 45,000 UAS detections at the southwest border, with about 2,500 making an actual “incursion.” Overall, federal law enforcement is out-resourced in the drone space and requires more authority, funding, and outside support for administering anti-drone technology.

LEO Liability

Despite the demand for protection across the country vastly exceeding available federal resources, blame for drone-related incidents may largely be placed on federal law enforcement agencies and their officers. Even if federal agencies are granted support from state and local law enforcement, scrutiny may still follow.

Additionally, partnerships between federal agencies may have amplified visibility compared to daily operations, which will be met with increased probing. Any misstep will lead to calls for accountability that may lead to allegations and investigations. Allegations and investigations can lead to suspensions, terminations, or even personal capacity lawsuits. If an allegation is made against you, it is a necessity, not luxury, to have knowledgeable and effective counsel advocating on your behalf.

FEDS PLI for Law Enforcement Officers

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Annual premiums for FEDS Protection PLI start at $290.  Additionally, federal law enforcement officers, supervisors, and managers are eligible for a reimbursement of up to 50% the cost of their PLI policy through their agency. To learn more about how a FEDS PLI policy can protect you and your career, visit www.fedsprotection.com or call (866) 955-FEDS, M-F 8:30am-6pm to speak directly to a representative.

*This article is provided for informational purposes only and does not constitute legal advice.