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New Tennessee law allows law enforcement to continue using drones without a warrant

Police in Rhode Island have arrested a man after he admitted to using a drone (not pictured) to look into a woman’s bathroom. (Getty Images)

NASHVILLE, Tenn. (WKRN) – Following the passage of a bill earlier this year, law enforcement agencies in the state of Tennessee will be able to continue using drones in various investigations without a search warrant.

In 2021, the Tennessee General Assembly passed a series of new laws regarding the use of drones by law enforcement agencies. The provisions would have expired on July 1, 2024. However, in the last legislative session, lawmakers voted to extend it.


The bill to expand the provisions was sponsored by Senator Becky Duncan Massey (R-Knoxville), who told News 2’s sister station WATE, “It really is a very useful public safety tool and I think the more tools we can give law enforcement to keep us safe, the better.”

Before 2021, law enforcement agencies were allowed to use drones, but they required a search warrant signed by a judge. Under current law, there are a few different scenarios in which agencies can use drones without a search warrant, as long as they comply with Federal Aviation Administration regulations.

No search warrant is required to use drones to investigate a crime scene, provide aerial coverage of natural disasters during a state of emergency, or to improve security on private property with the owner’s consent.

Several law enforcement agencies in Middle Tennessee have used drones in different ways in recent years. In July 2023, a drone helped Sumner County Sheriff’s officers save a man’s life during a tense welfare check.

When officers responded to the call, they discovered a razor blade and a trail of blood leading into a 50-acre cornfield. The 5-foot-tall plants were so dense that officers couldn’t see the man. Minutes after launching a drone, they found him in the middle of the field.

Officials said officers were able to render life-saving aid and the man ultimately survived the ordeal. According to the sheriff’s office, drones are also used to search for missing children, runaways, Silver Alerts and people causing harm.

Drones were used in the search for 22-year-old Riley Strain after he disappeared during a fraternity trip in Nashville in March.

In Putnam County, the devices have proven useful in helping officers track suspects and in drug investigations. When a man crashed his car and fled into the woods in February, officers launched one of their tracking drones to quickly apprehend the man.

“We’re bringing drones and our tracking dog team together in an area where we can use both – especially this time of year with no leaves, it’s very difficult to elude law enforcement,” Putnam County Sheriff Eddie Farris told News 2 after the arrest.

However, the law contains some provisions that limit what can be used in court. All data obtained by law enforcement must be deleted within 15 days unless it is needed for criminal proceedings.

By law, data obtained through unlawful means is not admissible as evidence in a criminal case, and if obtained through unlawful means, it cannot be used as probable cause to obtain a search or arrest warrant or to detain a person.

In an interview with WATE, Knoxville Deputy Fire Chief Mark Willbanks stressed that officials did not intend to violate privacy by using these tools.

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“We want to think about that. No matter what we do, we think about people’s privacy and about protecting every right they have,” he said. “We want to make sure we’re doing everything we should be doing to make people feel comfortable with the way we operate.”

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