CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Friday, June 27, 2014

Brumfield on Domestic Drones and Use of Force

Eric Brumfield has posted Armed Drones for Law Enforcement: Why it Might Be Time to Re-Examine the Current Use of Force Standard (McGeorge Law Review, Vol. 46, 2014-2015) on SSRN. Here is the abstract:

This comment discusses how the use of an armed drone by law enforcement agencies within the United States affects the current use of force standard under the Fourth Amendment and whether the use of force standard needs to change. This is an important debate for two reasons. First, there is an inevitable progression towards law enforcement agencies using a drone armed with non-lethal or lethal weapons. Second, the growing interest in armed drones is matched by a growing concern by civil rights groups over domestic armed drone use. This comment argues that allowing domestic law enforcement agencies to operate an armed drone in order to protect the public is constitutional but will likely require agencies to create a separate armed drone use of force policy to address material differences in how an officer uses armed force with a drone and to provide guidance for officers in the field.

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