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III.2. Police Department Drone – Unmanned Aerial Vehicle; Johnson CITY OF HOPKINS Memorandum To: Honorable Mayor and Council Members Mike Mornson, City Manager From: Brent Johnson, Chief of Police Date: February 20, 2024 Subject: Drone – Unmanned Aerial Vehicle _____________________________________________________________________ PURPOSE The Hopkins Police Department (HPD) has identified a need for a tool that will allow us to remotely search for suspects, missing persons and evidence of crimes without expending officer resources or subjecting officers to unnecessary danger. During rapidly evolving calls for service, the ability to quickly deploy a tool to conduct searches without putting officers into those potentially dangerous situations is becoming more and more critical. HPD has been researching the use of an unmanned aerial vehicle (UAV) for such applications. INFORMATION A UAV is a remote-controlled aircraft operated by a single officer on the ground. It hovers at approximately 200 feet and provides an aerial view of an incident or area being searched. It is equipped with cameras that allow the operating pilot to search for missing persons, fleeing suspects, or evidence of crimes. The aircraft is also equipped with a thermal imaging camera, used to identify people in the darkness. The aircraft will transmit live video, though a secure application, to ground officers. This video will be used to make real time decisions that will allow for a safe and effective resolution of incidents. A UAV would be able to provide aerial tracking and documentation solutions, similar to a helicopter. The difference being that a UAV can be launched from a squad car in minutes, in more circumstances, at a fraction of the cost. UAV’s are being used by many police agencies around the west metro area including: Plymouth, Edina, Eden Prairie, Golden Valley, Bloomington, Hennepin County Sheriff’s Office, Crystal, and Brooklyn Park. FUTURE ACTION Minnesota State Statue 629.19 sub. 9 specifies that “A law enforcement agency must provide an opportunity for public comment before it purchases or uses a UAV. The governing body with jurisdiction over the budget of a local law enforcement agency must provide an opportunity for public comment at a regularly scheduled meeting.” HPD would like to offer the opportunity for the public to comment on the implementation of a UAS team and UAV use, at the February 20, 2024, City Council meeting. Police Department 150 South Fifth Street Suite 700 Minneapolis, MN 55402 (612) 337-9300 telephone (612) 337-9310 fax www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer HP145\29\933548.v1 SCOTT J. RIGGS Attorney at Law Telephone (612) 337-9300 Email: sriggs@kennedy-graven.com February 13, 2024 Federal Aviation Administration Attn: Acting Air Traffic Manager 490 L’Enfant Plaza SW Washington, DC, 20024 Re: City of Hopkins, Minnesota Public Declaration in Support of Certificate of Authorization (COA) for Operation of an Unmanned Aircraft as a Public Aircraft Operator To Whom It May Concern: The City of Hopkins Police Department (the “Department”) is seeking a COA to operate Unmanned Aircraft Systems (UAS) to assist in public safety operations. I have prepared and signed this Public Declaration Letter in connection with that request in my official capacity as City Attorney of the City of Hopkins, Minnesota. As the City Attorney for the City of Hopkins, I certify that the City is a Home Rule Charter City created pursuant to Article XII, Section 4 of the Minnesota Constitution and as defined in Minnesota Statutes § 410.04, and is a political subdivision of the State of Minnesota as defined in 49 U.S.C. § 40102(a)(41)(C). The Department is a public safety agency authorized by the State of Minnesota, the City of Hopkins and the Hopkins City Code. UAS operated by the Department qualify and will be operated as a “public aircraft” as defined by 49 USC § 40102(a)(41)(C). The UAS will be used exclusively for a “governmental function” and not for “commercial purposes,” as those terms are defined in 49 U.S.C. § 40125(a). The Department will not operate the aircraft for commercial purposes (compensation or hire) in compliance with 49 USC § 40125(b). The point of contact for the Department is: Brent Johnson 1010 1st Street South Hopkins, MN 55343 (952) 938-8885 Email: bjohnson@HOPKINSmn.com Please contact me if you have any questions regarding this letter. Sincerely, KENNEDY & GRAVEN, CHARTERED Scott J. Riggs New Prague City Attorney cc: Mike Mornson, City Manager (via email only) Brent Johnson, Police Department Chief (via email only) James Aarestad, UAV Public Safety Inc. (via email only) Policy 607 Hopkins Police Department Hopkins PD Policy Manual Copyright Lexipol, LLC 2024/02/01, All Rights Reserved. Published with permission by Hopkins Police Department Unmanned Aerial System - 1 Unmanned Aerial System 607.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the use of an unmanned aerial system (UAS) and for the storage, retrieval, and dissemination of images and data captured by the UAS (Minn. Stat. § 626.19). 607.1.1 DEFINITIONS Definitions related to this policy include: Unmanned aerial system (UAS) - An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled without the possibility of direct human intervention from within or on the aircraft (commonly referred to as an unmanned aerial vehicle (UAV)), and all of the supporting or attached systems designed for gathering information through imaging, recording, or any other means (Minn. Stat. § 626.19). 607.2 POLICY A UAS may be utilized to enhance the Department's mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. 607.3 PRIVACY The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations. 607.4 PROGRAM COORDINATOR The Patrol Lieutenant will appoint a program coordinator who will be responsible for the management of the UAS program. The program coordinator will ensure that policies and procedures conform to current laws, regulations, and best practices and will have the following additional responsibilities: •Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and ensuring that the COA is current, and/or coordinating compliance with FAA Part 107 Remote Pilot Certificate, as appropriate for department operations. •Ensuring that all authorized operators and required observers have completed all required FAA and department-approved training in the operation, applicable laws, policies, and procedures regarding use of the UAS. Hopkins Police Department Hopkins PD Policy Manual Unmanned Aerial System Copyright Lexipol, LLC 2024/02/01, All Rights Reserved. Published with permission by Hopkins Police Department Unmanned Aerial System - 2 •Developing protocols for deployment of a UAS. •Coordinating the completion of the FAA Emergency Operation Request Form in emergency situations, as applicable (e.g., natural disasters, search and rescue, emergency situations to safeguard human life). •Developing protocols for conducting criminal investigations involving a UAS. •Implementing a system for post incident public notification of a UAS deployment. •Developing operational protocols governing the deployment and operation of a UAS including but not limited to safety oversight, use of visual observers, establishment of lost link procedures, and secure communication with air traffic control facilities. •Developing a protocol for fully documenting all missions. •Developing a UAS inspection, maintenance, and record-keeping protocol to ensure continuing airworthiness of a UAS, up to and including its overhaul or life limits. •Developing protocols to ensure that all data intended to be used as evidence are accessed, maintained, stored, and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, authenticity certificates, and date and time stamping, should be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody. •Developing protocols that ensure retention and purge periods are maintained in accordance with established records retention schedules. •Facilitating law enforcement access to images and data captured by the UAS. •Recommending program enhancements, particularly regarding safety and information security. •Ensuring that established protocols are followed by monitoring and providing periodic reports on the program to the Chief of Police as requested. •Maintaining familiarity with FAA regulatory standards, state laws and regulations, and local ordinances regarding the operations of a UAS. •Developing protocols for reviewing and approving requests for use of the Department UAS by government entities (Minn. Stat. § 626.19). •Preparing and submitting the required annual report to the Commissioner of Public Safety (Minn. Stat. § 626.19). •Posting the Department policies and procedures regarding the use of UAV on the department website, as applicable (Minn. Stat. § 626.19). •Reviewing the program and UAS use for compliance with Minn. Stat. § 626.19. 607.5 USE OF UAS Only authorized operators who have completed the required training shall be permitted to operate the UAS. Staff who have not completed the required training may operate a UAS under the direct Hopkins Police Department Hopkins PD Policy Manual Unmanned Aerial System Copyright Lexipol, LLC 2024/02/01, All Rights Reserved. Published with permission by Hopkins Police Department Unmanned Aerial System - 3 control of a UAS Pilot in Command for training purposes with the permission of the Program Coordinator. Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order. In all other instances, legal counsel should be consulted. UAS operations should only be conducted consistent with FAA regulations. Members shall not use a UAS without a search warrant, except (Minn. Stat. § 626.19): (a)During or in the aftermath of an emergency situation or disaster that involves the risk of death or bodily harm to a person. (b)Over a public event where there is a heightened risk to the safety of participants or bystanders. (c)To counter the risk of a terrorist attack by a specific individual or organization if the agency determines that credible intelligence indicates a risk. (d)To prevent the loss of life or property in natural or man-made disasters and to facilitate operation planning, rescue, and recovery operations. (e)To conduct a threat assessment in anticipation of a specific event. (f)To collect information from a public area if there is reasonable suspicion of criminal activity. (g)To collect information for crash reconstruction purposes after a serious or deadly collision occurring on a public road. (h)Over a public area for officer training or public relations purposes. (i)For purposes unrelated to law enforcement at the request of a government entity, provided the request is in writing and specifies the reason for the request and a proposed period of use._ 607.5.1 DOCUMENTATION REQUIRED Each use of a UAS should be properly documented by providing the following (Minn. Stat. § 626.19): (a)A unique case number (b)A factual basis for the use of a UAS (c)The applicable exception, unless a warrant was obtained 607.6 PROHIBITED USE The UAS video surveillance equipment shall not be used: •To conduct random surveillance activities. Hopkins Police Department Hopkins PD Policy Manual Unmanned Aerial System Copyright Lexipol, LLC 2024/02/01, All Rights Reserved. Published with permission by Hopkins Police Department Unmanned Aerial System - 4 •To target a person based solely on actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability. •To harass, intimidate, or discriminate against any individual or group. •To conduct personal business of any type. The UAS shall not be weaponized (Minn. Stat. § 626.19). 607.6.1 ADDITIONAL PROHIBITIONS Unless authorized by a warrant, a UAS shall not be deployed with facial recognition or biometric- matching technology (Minn. Stat. § 626.19). Unless authorized by a warrant or for purposes of a permitted use outlined in this policy, a UAS shall not be used to collect data on public protests or demonstrations (Minn. Stat. § 626.19). 607.7 RETENTION OF UAS DATA The Records Bureau supervisor shall ensure that data collected by the UAS is disclosed or deleted as required by Minn. Stat. § 626.19, including the deletion of collected data as soon as possible, and in no event later than seven days after collection, unless the data is part of an active criminal investigation (Minn. Stat. § 626.19).