Aerial Drone Trespassing Trial Wednesday

We got this press release yesterday. Looks to be an interesting case that could create groundbreaking case law. We’ll be covering it.

Lincoln Parish Man Facing Charges of Aerial Trespass
Louisiana Seeks Jurisdiction of Airspace in Spite of FAA Warning and Lack of Statue

Ruston, LA, February 9, 2020: The Lincoln Parish courthouse in Ruston, Louisiana will be the focus of drone operators from across the state on Wednesday, February 12th, 2020 at 9:00am.

Mr. James Benson of Dubach, Louisiana has been charged with trespassing after flying a small drone in his back yard and briefly flying over a neighboring property at a height of 400 feet. The FAA, who was provided sole jurisdiction of airspace by Congress through the passage of the Federal Aviation Act of 1958, allows drones to be flown recreationally up to height of 400 feet so long as they do not interfere with manned aircraft.

The neighbor, Mr. Matt Henderson, a sheriff deputy with Lincoln Parish, and his wife Erin Henderson took offense to the drone’s flight. Henderson’s colleague subsequently made an arrest and Benson was jailed for 12 hours. The alleged incident took place on April, 11th, 2018 while the arrest was not made until four days later. It is only now being heard by the Honorable Bruce Hampton as multiple prosecutors refused the case in over the past 21 months.

This case has significance in the budding drone industry as a verdict against Mr. Benson could negatively impact commercial drone operations around the state with the threat of aerial trespassing. It would also put Louisiana at odds with the FAA over jurisdiction of airspace and flight regulations. As drones are classified in the same realm as kites, weather balloons, and model rockets, there are potential consequences for those enthusiasts as well.

In 2015 the Chief Legal Counsel for the FAA warned against states or local governments creating or enforcing their own drone ordinances in an UAS fact sheet arguing that doing so creates a “‘patchwork quilt’ of differing restrictions could severely limit the flexibility of FAA in controlling the airspace and flight patterns, and ensuring safety and an efficient air traffic flow.” Similarly a case in federal court, Singer v. Newton City, MA, was decided in September of 2017 and struck down a local government’s attempts at preempting the FAA’s control of airspace.

While 17 states have passed laws over the last three years to specifically disallow local governments from attempting to usurp FAA authority over flight, this case sees Louisiana as the first state to challenge the Congressional Act that regulation of airspace resides with the federal government.

Louisiana’s trespassing law was recently modified to include drones. It states: “No person shall enter upon immovable property owned by another without express, legal, or implied authorization.” “For purposes of this Subsection, the phrase ‘enter upon immovable property’ as used in this Subsection, in addition to its common meaning, signification, and connotation, shall include the operation of an unmanned aircraft system as defined by in the air space over immovable property owned by another with the intent to conduct surveillance of the property or of any individual lawfully on the property.”

The incident and arrest took place four months before the state law changed to add unmanned aircraft systems. Mr. Benson claims there was no surveillance, but instead was purely recreational in intent and had no interest in his neighbor’s property or any persons on the land.

Attorney Jordan Bird is counsel for Mr. James Benson: https://www.cookyancey.com/attorney-profiles/jordan-b-bird/

24 Responses to “Aerial Drone Trespassing Trial Wednesday”

  1. Anonymous Says:

    Why even be a deputy if you can’t arrest whomever you like?

    • Anthony drew Says:

      I believe if as a recreational drone pilot to pilot your drone in a residential area at 400 feet is not being a Responsible drone pilot .
      I live in a city and will not pilot my drone height over 15 feet in my residential neighborhood
      I aslo spoke with my neighbors informing them I have a drone I’m Registered as a recreational drone pilot my Registering number is posted on my drone and my drone will not fly over a height of 15 feet . I go to a drone park being in the city I can pilot at a higher height , drone park puts me in a bubble . when I see a manned vessel I immediately clear the area as a manned vessel always has the right of way .

  2. George Webb Says:

    Following this case with interest to the outcome.

  3. Anonymous Says:

    Looks like a unlawful arrest took place!

  4. Anonymous Says:

    Who is the prosoecutor?

  5. Anonymous Says:

    Attorney General

  6. dlr938 Says:

    This is why I keep a long-barreled 10-gauge handy…

    • Bruce Masters Says:

      10 gauge, really? Your going to use an antique to shoot down a drone. Go for it. After you get out of jail for destruction of private property, attacking a FAA registered aircraft (felony) and reckless discharge of a firearm. You’ll have to pay me for a new drone, and the hours I spent working on it. Along with any income i might of lost while i was waiting for a new drone. Oh and you have to fight to get your guns back because your now a felon and have lost your right to possess firearms. Oh and one more thing like many drone pilots, I also carry a firearm. So if you think you’ll take a shot at me, best be ready to duck.

  7. Anonymous Says:

    Assistant attorney and the first 3 letters explains everything!

  8. David Says:

    Sounds like some crooked law enforcement. What a surprise….

  9. Chris Hollman Says:

    “charged with trespassing after flying a small drone in his back yard and briefly flying over a neighboring property at a height of 400 feet.”

    What a fucking joke… anyone who thinks it’s reasonable to arrest someone for that is an idiot.

  10. Jake Thomas Says:

    I hope they soon start arresting the people from American Airlines as they continue to trespass on my property illegally every day!

  11. Simon Smith Says:

    #dronelivesmatter

  12. Stephen Bright Says:

    I was threatened with arrest for flying in my town in PA. Evicted from my HOA apartment. Chose to leave town. If you’re interested:

    https://www.facebook.com/sbright33/

  13. Anonymous Says:

    Moros unite! It;s the end of “common” sense, heave ho!

  14. Michael Says:

    No problem it will be reversed on appeal. Even the badly worded revised statute states… “with the intent to conduct surveillance” they have to prove that was his int3nt.

  15. Michael Says:

    And to the fool publicly stating he will keep his 10 gauge handy. That’s called terroristic threatening and the FBI _DO_ investigate any complaint.

    • JustTheFacts Says:

      Actually… it is a FEDERAL CRIME to shoot a drone as it is considered an AIRCRAFT as it is being flown by a PILOT.

  16. Gforce Says:

    To shoot at a drone in federal airspace is a felony, it’s an aircraft and it receiving its ID as such, also marks it as an aircraft. 2) proving that craft was surveying at 400ft. Good luck with that. For the person who does recreational flying at 15 ft only … yea ok. Oh and then moves out of way for oncoming aircraft .. at 15 ft !!! Pleeease. You made yourself sound like an idiot.

  17. Ryan Macaluso Says:

    It is not illegal to fly over ANY property as the airspace is not owned by the property owner, in any state. This was a legal flight. -professional drone operator (part 107 licensed)

    • Jason Miklowcic Says:

      If all info is accurate, this was completely legal. The FAA has sole jurisdiction over air space. This person should win and then sue the state and the neighbor for damages and legal fees. Just like you can’t prevent a plane from flying over, you can not stop a drone. Just wait a few years. Will they arrest Amazon?

  18. Lu Johnson Says:

    That damned idiot judge needs a ‘visit’ to be set straight as to the importance of not being a lawless douchebag.

  19. Christine LaBeach Says:

    I believe the defendant will prevail. Federal law always trumps state law. A property owner does not own the entire airspace above their property.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s


%d bloggers like this: