Constitutional Limits of the Use of Drones by the Authorities in the United States

Abstract

Are there any limits of the use of unmanned aerial systems by authorities within the practice of the U.S. Supreme Court? The aim of this article is to analyze the constitutional requirements applied by the Supreme Court when deciding on the legality of information gathering activities of authorities, and whether these tests are applicable to the use of such systems. The first part describes the impact of the use of drones on privacy. The second part examines the relevant case-law concerning privacy protection. The analysis focuses mainly on issues relevant to the possible limits of the use of drones. The article concludes that the current constitutional framework is basically unable to provide adequate protection for the privacy of citizens. Decision-makers therefore must take the necessary steps to ensure that the rights of individuals are respected by the authorities.