North Dakota law limits police drone and robot surveillance

Information from a drone or robot can be used in a state case only if it was gathered under a search warrant or a warrant exception. This rule covers information gathered by unmanned aerial vehicles and robots. Information from monitoring public lands or international borders may also be used in an affidavit seeking a search warrant.

A surveillance warrant for a drone or robot must explain who may approve its use, where and how long it may operate, and how collected information will be handled. These requirements apply to warrants for drone or robot surveillance. If the device will collect information about people, the warrant must explain when it will be used, what it will collect, how the information and conclusions will be used or shared, how long they will be kept, and whether and how they will be destroyed.

Police agencies may not arm drones with lethal weapons. They may authorize a robot to deploy a lethal weapon only in narrow situations, and any weapon deployment must be remotely controlled. These rules apply to law enforcement agencies using unmanned aerial vehicles or robots. A robot's lethal weapon must not activate on its own. It may be used only to stop a dangerous inanimate object or prevent an imminent, substantial risk of serious injury or death when an officer could legally use lethal force. A less lethal weapon on a drone or robot must also be remotely controlled and unable to activate on its own. Before authorizing any use of force, an agency must adopt a policy naming who can approve it.

The chapter permits drone and robot surveillance during defined border patrols, urgent threats, disasters, and certain school-related projects. These exceptions cover surveillance by unmanned aerial vehicles or robots. Border patrol must occur within 25 miles of a national border to prevent or deter illegal entry or contraband. An urgent-threat exception requires reasonable suspicion that swift action is needed to prevent imminent danger to life or bodily harm. Disaster use must serve public safety, protect property, or assess damage or contamination. School and college projects may include research, education, training, testing, or development with public or private collaborators.

People authorized to conduct surveillance must record each drone or robot use, and a court-authorized supervisor must verify the flight information. These duties apply to people authorized to conduct surveillance under the chapter. Flight records must include duration, path, and mission purpose and must be kept for five years. Images and other lawfully collected data without reasonable, articulable suspicion that they contain crime evidence or relate to an ongoing investigation or trial may be kept no longer than 90 days. A person charged with a crime involving surveillance evidence may seek related information through criminal subpoenas and discovery, except for operational capabilities and technical or physical security details. Flight information must be kept for five years. Images or other data without the stated crime-related basis may be kept for no more than 90 days.