Unmanned aircraft system use requirements -- Exceptions.

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  • (1) A law enforcement agency or officer may not obtain, receive, or use data acquired through an unmanned aircraft system unless the data is obtained:
    • (a) pursuant to a search warrant;
    • (b) in accordance with judicially recognized exceptions to warrant requirements;
    • (c) subject to Subsection (2), from a person who is a nongovernment actor;
    • (d) to locate a lost or missing person in an area in which a person has no reasonable expectation of privacy; or
    • (e) for purposes unrelated to a criminal investigation.
  • (2) A law enforcement officer or agency may only use for law enforcement purposes data obtained from a nongovernment actor if:
    • (a) the data appears to pertain to the commission of a crime; or
    • (b) the law enforcement agency or officer believes, in good faith, that:
      • (i) the data pertains to an imminent or ongoing emergency involving danger of death or serious bodily injury to an individual; and
      • (ii) disclosing the data would assist in remedying the emergency.
  • (3) A law enforcement agency or officer that obtains, receives, or uses data acquired through the use of an unmanned aircraft system or through Subsection (2) shall destroy the data as soon as reasonably possible after the law enforcement agency or officer obtains, receives, or uses the data subject to an applicable retention schedule under Title 63G, Chapter 2, Government Records Access and Management Act, or a federal, state, or local law.




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