Preserving Freedom from Unwarranted Surveillance Act of 2012

Preserving Freedom from Unwarranted Surveillance Act of 2012 - Prohibits a person or entity acting under the authority of (or funded in whole or in part by) the federal government from using a drone to gather evidence or other information pertaining to criminal conduct or conduct in violation of a statute or regulation except to the extent authorized in a warrant satisfying the requirements of the Fourth Amendment to the Constitution.

Defines a "drone" as any powered, aerial vehicle that: (1) does not carry a human operator; (2) uses aerodynamic forces to provide vehicle lift; and (3) can fly autonomously or be piloted remotely, be expendable or recoverable, and carry a lethal or nonlethal payload.

Exempts from such prohibition the use of drones to: (1) patrol national borders to prevent or deter illegal entry of any persons or illegal substances, (2) prevent imminent danger to life when drones are used by law enforcement under exigent circumstances, or (3) counter a high risk of a terrorist attack by a specific individual or organization based on credible intelligence determined by the Secretary of Homeland Security (DHS).

Authorizes civil actions by aggrieved parties.

Prohibits evidence obtained or collected in violation of this Act from being admissible in a criminal prosecution in any court in the United States.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3287 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3287

    To protect individual privacy against unwarranted governmental 
  intrusion through the use of the unmanned aerial vehicles commonly 
                 called drones, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 12, 2012

   Mr. Paul introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To protect individual privacy against unwarranted governmental 
  intrusion through the use of the unmanned aerial vehicles commonly 
                 called drones, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserving Freedom from Unwarranted 
Surveillance Act of 2012''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``drone'' means any powered, aerial vehicle 
        that--
                    (A) does not carry a human operator;
                    (B) uses aerodynamic forces to provide vehicle 
                lift;
                    (C) can fly autonomously or be piloted remotely;
                    (D) can be expendable or recoverable; and
                    (E) can carry a lethal or nonlethal payload; and
            (2) the term ``law enforcement party'' means a person or 
        entity authorized by law, or funded by the Government of the 
        United States, to investigate or prosecute offenses against the 
        United States.

SEC. 3. PROHIBITED USE OF DRONES.

    Except as provided in section 4, a person or entity acting under 
the authority, or funded in whole or in part by, the Government of the 
United States shall not use a drone to gather evidence or other 
information pertaining to criminal conduct or conduct in violation of a 
statute or regulation except to the extent authorized in a warrant that 
satisfies the requirements of the Fourth Amendment to the Constitution 
of the United States.

SEC. 4. EXCEPTIONS.

    This Act does not prohibit any of the following:
            (1) Patrol of borders.--The use of a drone to patrol 
        national borders to prevent or deter illegal entry of any 
        persons or illegal substances.
            (2) Exigent circumstances.--The use of a drone by a law 
        enforcement party when exigent circumstances exist. For the 
        purposes of this paragraph, exigent circumstances exist when 
        the law enforcement party possesses reasonable suspicion that 
        under particular circumstances, swift action to prevent 
        imminent danger to life is necessary.
            (3) High risk.--The use of a drone to counter a high risk 
        of a terrorist attack by a specific individual or organization, 
        when the Secretary of Homeland Security determines credible 
        intelligence indicates there is such a risk.

SEC. 5. REMEDIES FOR VIOLATION.

    Any aggrieved party may in a civil action obtain all appropriate 
relief to prevent or remedy a violation of this Act.

SEC. 6. PROHIBITION ON USE OF EVIDENCE.

    No evidence obtained or collected in violation of this Act may be 
admissible as evidence in a criminal prosecution in any court of law in 
the United States.
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