[OH] Does police use of a drone to look through a home’s window at night from the backyard count as a warrantless search?

Lexi, Chatbot

I understand that you're concerned about privacy and the use of drones by law enforcement. Have you experienced any specific incidents involving police drones near your property?

Lexi, Chatbot

Are you aware if there have been any recent legal cases or discussions in your area regarding drone surveillance?

Lexi, Chatbot

Is there anything else the Criminal Lawyer should know before I connect you? Rest assured they'll be able to help with your rights.

Legal Eagle

Hello and welcome to the site! I am a licensed attorney and here to help with your situation.

Legal Eagle

That is an interesting question, but the short answer is that no, that would likely be considered an unlawful search (OH Const art I § 14). The Fourth Amendment to the United States Constitution gives the highest privacy protection to the inside of a home. Courts generally treat looking into a home with technology or from unusual vantage points as a search, a principle the U.S. Supreme Court applied in Kyllo v. United States, holding that using sense-enhancing technology to gather information about the inside of a home that could not otherwise be obtained without physical intrusion constitutes a search requiring a warrant. So while that hasn't actually come up in court yet in Ohio that I am aware of, it is very likely that courts would view close-range drone surveillance of a home as a warrant-required search.