PI 19-05.pdf

KANSAS CITY MISSOURI POLICE DEPARTMENT DATE OF ISSUE EFFECTIVE DATE NO. PROCEDURAL INSTRUCTION 09/05/2019 09/05/2019 19-05 SUBJECT...

KANSAS CITY MISSOURI POLICE DEPARTMENT DATE OF ISSUE EFFECTIVE DATE NO. PROCEDURAL INSTRUCTION 09/05/2019 09/05/2019 19-05 SUBJECT AMENDS Unmanned Aircraft Systems (UAS) REFERENCE RESCINDS FAA- Title 14 of the Code of Federal Regulations (14 CFR part 107) P.I. - Internally Recorded Audio/Video Records; State Search Warrant Procedures I. INTRODUCTION A. This written directive provides guidelines for the use of an Unmanned Aircraft System (UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS. B. The deployment and use of UAS will be in accordance with the Federal Aviation Administration (FAA) Code of Federal Regulations (CFR) Title 14. II. TERMINOLOGY A. Authorized Member – A Member authorized to operate unmanned aerial vehicles, or any portion of the UAS, who has completed a Department approved training program and meets all the conditions of the certification of waiver or authorization issued by the FAA. B. Certificate of Waiver of Authorization (COA) – An FAA grant or approval for a specific flight operation. C. Crew Member (UAS) – An authorized member assigned to perform an operational duty during uses or deployments. An UAS authorized member includes the remote pilot in command, person manipulating the controls and visual observers, but may include other people as appropriate or required to ensure safe operation of the aircraft. D. FAA 14 CFR Part 107 – The federal regulations set forth by FAA regarding small unmanned aircraft system (sUAS) operations in the National Air Space (NAS). E. Remote Pilot In Command (PIC) – An authorized member who holds a remote pilot certificate with a sUAS rating and has the final authority and responsibility for the operation and safety of a sUAS operation conducted under FAA 14 CFR Part 107. F. UAS Commander – An authorized member at the rank of Captain or above responsible for all FAA reporting and administrative responsibilities associated with the operation of the UAS per FAA guidelines. This authorized member is selected by the Chief of Police. G. Unmanned Aircraft (UA) or Unmanned Aerial Vehicle (UAV) – An aircraft operated without the possibility of direct human intervention from within or on the aircraft.  H. Unmanned Aircraft System (UAS) – An UA and associated elements (including communication links and the components that control the UA) that are required for the remote PIC to operate safely and efficiently. I. Visual Line of Sight (VLOS) – Unaided (corrective lenses and/or sunglasses exempted) visual contact between a PIC or a visual observer (VO) and an UA, sufficient to: maintain safe operational control of the aircraft, know its location, be able to scan the airspace in which it is operating to see and avoid other air traffic, objects aloft, or on the ground. J. Visual Observer (VO) – An authorized member who will assist the PIC in maintaining visual and navigational awareness of the airspace and advise the PIC of any imminent hazards including, but not limited to, other aircraft, terrain or adverse weather conditions. III. PROCEDURES A. Only authorized members will deploy an UAS and only when such use is appropriate in the performance of their official duties. B. All deployments, uses, audio/video recordings and any other data generated by the UAS must comply with the policies provided herein along with any applicable laws. Operators and observers will take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. C. Requests for assistance for the use of the Department’s UASs from outside agencies will be directed to the UAS Commander or the Special Operations Commander or designee. D. Only use department issued UAVs unless approved by the UAS Commander. E. The PIC will ensure the flight is in compliance with Federal Aviation Regulations and state laws. F. Prohibited Use – The UAS video equipment will not be used: 1. To conduct random surveillance activities. 2. To target a person based solely on individual characteristics, such as gender or sexual orientation. 3. To harass, intimidate or discriminate against any individual or group. 4. To conduct personal business of any type. -2- G. Administration 1. All deployments of UAS will be approved by the UAS Commander or authorized supervisory personnel. The use of UAS is to provide an aerial visual perspective in responding to emergency situations and/or exigent circumstances that may include the following deployment applications, but are not limited to: a. Scene Documentation – To document a crime scene, accident scene or other major incident scene. b. Search and Rescue – To assist missing person investigations, AMBER Alerts and other search and rescue situation. c. Situational Awareness – To assist decision makers (e.g., incident command staff, first responders, city, county and state officials) in understanding the nature, scale or scope of an incident and for planning and coordinating an effective response. d. Tactical Deployment – To support the tactical deployment of sworn members and equipment in emergency situations (e.g., Operation 100, large-scale tactical operations and other temporary perimeter security situations). e. Visual Perspective – To provide an aerial visual perspective to assist sworn members in providing direction for crowd control, traffic accident management, special circumstances and temporary perimeter security. f. Assist in apprehensions. 2. UAS Commander will: a. Report to the Special Operations Commander or designee on issues, concerns, training needs, and any other business pertaining to the UAS program. b. Appoint a crew member of the UAS Team to serve in their place if not available at any specific time. -3-  3. All audio/video recordings generated by the use or deployment of an UAS are the property of the Kansas City Missouri Police Department. Members will refer to the current written directive entitled, “Internally Recorded Audio/Video Records” for information in regard. Richard C. Smith Chief of Police Adopted by the Board of Police Commissioners this ______ day of __________ 2019. Nathan Garrett Board President DISTRIBUTION: All Department Personnel Public View Master Index – Internet Department Master Index – Intranet Policy Acknowledgement SyStem (PASS) -4-