CLE
Anthony Bandiero
Anthony Bandiero Blue to Gold, LLC
Drones and the Fourth Amendment
Register Now
Premieres December 21, 1:00 PM ET/10:00 AM PT
00 Days
00 Hours
00 Mins
00 Secs
Register Now
Drones and the Fourth Amendment

Drones are now a routine police tool. Agencies use them to answer calls, search for missing people, hold a perimeter, and document scenes. Courts are still working out when a drone flight becomes a Fourth Amendment search. This program gives attorneys the framework to answer that question. It starts with the two tests for a search and the law of curtilage and open fields, then covers the Supreme Court's aerial surveillance cases, optical aids and low-altitude flights, and the first drone cases, including Long Lake Township v. Maxon and the Dircks litigation. The program then turns to drone cases decided from 2023 through 2026: flight paths that kept the evidence in, a warrant that survived an assumed illegal flight, a drone sent inside a home, county drone programs facing civil suits, a warrant obtained for the drone flight itself, and drones in use of force cases. It closes with FAA rules, state drone statutes, the emergency aid standard in Case v. Montana, and practical guidance for attorneys who advise agencies, litigate suppression motions, or defend civil rights claims.

Agenda:
  • What Is a Search?
    • The two tests for a Fourth Amendment search: the Katz reasonable expectation of privacy test and the trespass test from United States v. Jones.
    • Why what a person knowingly exposes to the public is not protected.


  • Curtilage and Open Fields
    • Curtilage as part of the home under Florida v. Jardines, the four factors from United States v. Dunn, State v. Kender on peering into a fenced yard, open fields, and what no trespassing signs do and do not change.


  • The Aerial Surveillance Cases
    • United States v. Mathias, California v. Ciraolo, and Dow Chemical Co. v. United States.
    • Navigable airspace, physically nonintrusive observation, and the FAA operating limits for small drones in 14 C.F.R. § 107.51.


  • Intrusiveness and Optical Aids
    • Low hovering in People v. Sneed, binoculars and zoom lenses in People v. Arno and State v. Vogel, and the warrant rule for vision-enhanced aerial views of curtilage in State v. McKelvey (Alaska 2024).


  • The First Drone Cases
    • Long Lake Township v. Maxon and its later history in the Michigan Supreme Court (2024), Dircks v. Indiana Department of Child Services (2022) and the summary judgment ruling in Dircks v. Barnes (2023), Leaders of a Beautiful Struggle v. Baltimore Police Department (4th Cir. 2021, en banc), how drones differ from helicopters, and Remote ID under Brennan v. Dickson (D.C. Cir. 2022).


  • Recent Drone Cases
    • State v. Bradley (Ohio Ct. App. 2025), Bradford v. State (Ga. Ct. App. 2025), People v. Hayes (Cal. Ct. App. 2026), and two challenges to a county drone program, Cupp v. County of Sonoma (2023) and Meyer v. County of Sonoma (2025): flight paths, independent source, drones inside homes, qualified immunity, and municipal liability.


  • Drone Warrants and Use of Force
    • A warrant for the drone flight itself in United States v. Boyd (N.D. Tex. 2026), and drones in force cases: Savage v. City of Corona (C.D. Cal. 2024) and Miller v. Reese (W.D. Pa. 2026).


  • State Law, Exceptions, and Best Practices
    • State drone statutes, including stricter laws in Florida, Vermont, Virginia, Tennessee, Illinois, Montana, North Dakota, and Idaho that require warrants, limit retention, or exclude drone evidence.
    • Consent exigency, and the emergency aid standard in Case v. Montana (2026).
    • Seven practices for agencies that fly drones.


  • Q&A (As Time Permits)
Read More ›
Duration of this webinar: 90 minutes
When: Premieres in 53 days | December 21, 2026 10:00 AM PT
Register Now
Speaker
Anthony Bandiero
Anthony Bandiero Founder and Chief Executive Officer
Blue to Gold, LLC

Anthony Bandiero, JD, ALM, is a police officer turned attorney who has spent his career making constitutional law usable on the street. He has trained more than 100,000 officers in 47 states in Fourth Amendment law, search and seizure, and constitutional policing. Read More ›

Continuing Legal Education (CLE) Credits

Lawyers: To receive CLE credit, you must verify your law license for free in the Justia Lawyer Directory to become a Justia Connect Practice member. Depending on the jurisdiction or course, you may be eligible for free CLE credit or may need to upgrade your membership to Justia Connect Pro. Check CLE terms for full details.

Alabama CLE

Status: Approved

Format: Live (Virtual)

Credits: 1.50 General

Alaska CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.50 General

California CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.50 General

Hawaii CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.50 General

Illinois CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.50 General

Missouri CLE

Status: Approved

Format: Live (Virtual)

Credits: 1.80 General

Nevada CLE

Status: Approved

Format: Live (Virtual)

Credits: 1.50 General

New Jersey CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.80 General

Ohio CLE

Status: Approved

Format: Live (Virtual)

Credits: 1.50 General

Pennsylvania CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.50 Substantive Law, Practice, and Procedure

Texas CLE

Status: Approved

Format: Live (Virtual)

Credits: 1.50 General

Vermont CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.50 General

West Virginia CLE

Status: Approved

Format: Live (Virtual)

Credits: 1.80 General


This presentation is approved for one and a half hours of General CLE credit in Alabama, one and a half hours of General CLE credit in Alaska, one and a half hours of General CLE credit in California, one and a half hours of General CLE credit in Hawaii, one and a half hours of General CLE credit in Illinois, one hour of General CLE credit in Missouri, one and a half hours of General CLE credit in Nevada, one and a half hours of General CLE credit in Ohio, one and a half hours of Substantive Law, Practice, and Procedure CLE credit in Pennsylvania, one and a half hours of General CLE credit in Vermont, and one hour of General CLE credit in West Virginia. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.80 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.50 credit hours.

Justia only reports attendance in jurisdictions in which a particular Justia CLE Webinar is officially accredited. Lawyers may need to self-submit their certificates for CLE credit in jurisdictions not listed above.

Note that CLE credit, including partial credit, cannot be earned outside of the relevant accreditation period. To earn credit for a course, a lawyer must watch the entire course within the relevant accreditation period. Lawyers who have viewed a presentation multiple times may not be able to claim credit in their jurisdiction more than once. Justia reserves the right, at its discretion, to grant an attendee partial or no credit, in accordance with viewing duration and other methods of verifying course completion.

At this time, Justia only offers CLE courses officially accredited in certain states. Lawyers may generate a generic attendance certificate to self-submit credit in their own jurisdiction, but Justia does not guarantee that lawyers will receive their desired CLE credit through the self-submission or reciprocity process.

Looking for CLE credit? Visit CLE Dashboard CLE Accreditation
Watch Related Videos
CLE
Vikram Amar
Vikram Amar UC Davis School of Law
Michael Dorf
Michael Dorf Cornell Law School
Previewing the 2026–2027 Supreme Court Term Breaking Down This Year's Docket
Watch Now
CLE
Anthony Bandiero
Anthony Bandiero Blue to Gold, LLC
The Ultimate Fourth Amendment Framework
Watch Now
CLE
Colleen M. Quinn
Colleen M. Quinn Quinn Law Centers, LLC
LGBTQI Reproductive Rights & Family Formation Evolving Law & Practical Guidance
Watch Now
CLE
Teresa Devitt-Lynch
Teresa Devitt-Lynch INTREPID Forensic Healthcare Consulting
Dissecting the SANE Exam Key Points for Attorneys & How Consultants Analyze It
Watch Now