Ohio police would need warrants for certain indoor drone searches

Police would need a search warrant, meaning a judge's permission, for covered indoor drone searches. The rule covers entering or looking inside a house or other place with a drone instead of searching in person, when entering in person would require a warrant. Evidence gathered without a required warrant could not be used in a criminal case unless a listed exception applies. Exceptions cover border policing within fifty miles of a national border and urgent circumstances, including evidence at immediate risk of destruction. Exceptions also cover safety and damage checks before, during, or immediately after environmental or weather disasters; traffic work that needs no warrant; and recording crime scenes. Other exceptions cover observing things visible to the naked eye without physical intrusion from navigable airspace, collecting information from public areas with reasonable suspicion of crime, and threat checks before large events with anticipated safety risks. Drone research, education, training, testing, and development undertaken by or with schools or public or private collaborators are also covered. These search rules are scheduled to take effect October 6, 2026.

Police agencies would be barred from using or approving drones armed with lethal weapons. The rules cover police use, authorization, and permits for armed drones, plus police authorization and permits for private surveillance. Before approving one private person's drone surveillance of another, police would need clear, informed consent from either the person watched or the property owner where that person is present. These restrictions are scheduled to take effect October 6, 2026.

Police would document and verify each surveillance flight's planned and actual route, duration, and goals. The duties cover surveillance flights by police or on their behalf. Required and retained records would be public unless a public-records exemption applies. Defendants could seek surveillance information about themselves through court procedures. This access would exclude drone capabilities and information strictly tied to the operation's technical conduct and physical security. These rules are scheduled to start October 6, 2026. Records relevant to ongoing investigations or court cases would remain until no longer needed for that purpose.

Ohio public bodies would face limits on acquiring and operating covered drones, and state money could not support covered systems. The restrictions cover Ohio state and local public bodies, including public colleges, and drone systems made or assembled by countries listed as foreign adversaries. The restrictions would not apply if federal law or regulations allow continued purchase and operation of the covered systems or their parts. The operation and state-funding limits would cover systems purchased on or after October 6, 2030. Ohio's secretary of state would publish a threat registry and update it at least every six months. Listed persons must appear on at least one specified federal list. Section 5501.84 takes effect forty-eight months after the law's general effective date, with October 6, 2030, reported as its scheduled start.

Covered aviation facility operators would need Ohio Department of Transportation approval before commercial use. Covered sites include airports and specialized facilities for aircraft or space vehicles, such as seaplane bases, helicopter landing sites, and spaceports. Operators would need to submit a complete facility plan before receiving approval. The department could close a facility to commercial use until its stated requirements are met. The aviation facility provisions are scheduled to take effect October 6, 2026.