HERNANDO, Miss — Andi Arndt’s kids were playing in their backyard in Hernando, Mississippi, when they told her there was a small airplane hovering above them.
Even from inside, she could hear the noise. When she stepped outside, she saw a small drone that quickly flew away. Then, a few months later, it happened again.
“I was really just creeped out about it," said Arndt. “It's very unnerving when your children are playing in your privacy fenced-backyard, and you think you're secure, and no one can see them. This drone - it flown over the yard pretty low. I feel like it's watching us.”
However, Arndt said every time her or her husband stepped out, it would fly away.
Arndt is one of many Hernando residents that complained of having a drone flying over their house, with residents outraged on social media about a drone invading their privacy and hovering above their backyards.
But Arndt says her problem was fixed after she contacted Hernando Police and the Federal Aviation Administration (FAA).
“[The FAA agent was] asking me questions, 'what did it look like? How many propellers were on it? How low [was it flying] approximately? Was it hovering?'" Arndt said. "And he asked about where I thought it might be coming from.”
As the drone flew away after Arndt stepped out of her house, she could see it flying back to what looked like could be a neighboring house.
Arndt then told the FAA agent that she had previously contacted Hernando Police about the same issue, to which she said the FAA agent responded by saying they could team up with HPD to work on this case.
“And since that happened, we have not seen [the drone]” said Arndt.
Ardnt’s problem was solved in January, but since then, there’s been other people who have publicly complained about a drone invading their privacy.
While Hernando Police told ABC24 they do not have any recent police reports on this issue, Rick Breitenfeldt, a spokesperson of the FAA, told ABC24 that people should report privacy concerns to local police, with the FAA stating, “While local laws or ordinances may restrict where drones can take off or land, they typically cannot restrict a drone from flying in airspace permitted by the FAA.”
Yet there might be federal regulations that drone operators need to act by.
Here's what the law says about flying drones over private property
In an official video, FAA Communication Specialist Kevin Morris said a person operating a drone must be able to see the drone at all times.
This means they cannot fly it behind a structure that prevents them from seeing the drone. The only exception is if commercial operators are given a waiver to fly beyond line of sight.
Morris goes on to explain that drones are not permitted to fly higher than 400 feet. Currently, there's no FAA regulation on how low drones are allowed to fly over land.
But just because they are permitted to fly, it does not mean they are not subject to other laws and restrictions.
“If you observe an operation that does not present an immediate danger but you suspect the operator may be violating any federal law, you should pass that information on to the FAA for an investigation,” explained Morris.
Civil rights lawyer Lucius Edwards, who is based in Hernando, said laws against “peeping Toms” or video recording restrictions also apply, particularly when they involve recording private information or sexual activity on private property.
Edwards also states that any privacy concerns like trespassing need to be reported to local authorities.
Some cities and states have additional restrictions for drones, but Mississippi has largely relied on federal regulations.
In 2022 State Representative Ken Morgan (R, District 100) introduced House Bill 259, also known as the Drone Prohibition Act, to regulate the use of drones and prohibit any person from using a drone to take unauthorized pictures. Any violation would result in a $500 fine and/or up to six months in jail. This didn’t include the content in photos taken, which could be a separate offense. However, the bill didn't make it out of state legislature.
What can you do if you see a drone over your yard?
If you see a drone near your house and are worried about your privacy, contact your local police department and the FAA.
The FAA has special agents that work with federal and local regulations, called the Law Enforcement Assistance Program (LEAP) that can help with this type of cases. Additionally, the FAA also has offices in each state that you contact.
The City of Hernando falls under the jurisdiction of the office out of Jackson, Mississippi. For Tennessee residents, they also have an office in Memphis.
The FAA might ask about the name and contact information of the person operating the drone, as well as what type of drone it is (recreational or commercial) and other drone information.
They also ask for the location of the incident and a description of what happened (for example, was the drone flying over people?). If you can, also send them photos, videos and witness statements.
Can you take action into your own hands?
The FAA will not ask you to take hold of a drone, and doing so could be a crime, according to the Department of Justice, the Department of Transportation and the U.S. Department of Homeland Security.
Plus, a drone is considered an aircraft, therefore you are not free to destroy one, doing so might also be a crime under The Aircraft Sabotage Act, which criminalizes damaging, destroying or disabling an aircraft.
There is also the possibility of civil liability.
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