Section 1 Short title
This Act may be cited as the “Preserving Freedom from Unwarranted Surveillance Act of 2013”.
Preserving Freedom from Unwarranted Surveillance Act of 2013
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.
Sec. 2 Definitions
In this Act—
the term drone has the meaning given the term unmanned aircraft in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note); and
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:
Patrol of borders— The use of a drone to patrol national borders to prevent or deter illegal entry of any persons or illegal substances.
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 the life of an individual is necessary.
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.