Chicago – As Illinoisans prepare to celebrate Independence Day through local parades and festivities, Attorney General Kwame Raoul today released guidance to state and local law enforcement about their responsibilities under the Drones as First Responders Act. The guidance is available on the Attorney General’s website to help Illinois law enforcement understand their obligations under state law while ensuring public safety.
“Drones are a powerful tool for law enforcement, allowing police to effectively monitor and manage large events, such as parades and festivals, that will be happening around the state this week and throughout the summer,” Raoul said. “Illinois law empowers police to use this tool, while also protecting Illinois residents’ privacy and First Amendment rights.”
Attorney General Raoul published this guidance to ensure that law enforcement agencies are aware of the permissible and impermissible uses of drones. Generally, law enforcement agencies may not use drones to collect information about members of the public, except in limited circumstances specified by law. One of the circumstances in which law enforcement may use a drone is to ensure public safety during an event like a parade or festival. Law enforcement flying drones at such an event must notify event participants that they will be monitored.
When a parade or festival also includes First Amendment protected activity, such as a political or protest group marching in an Independence Day parade, law enforcement may not use drones to gather information on the First Amendment protected assembly or its participants. The law also does not permit law enforcement to use drones at political marches or demonstrations, unless one of the specified exceptions applies. An applicable exception under the law includes monitoring traffic flow around a parade. The guidance also encourages law enforcement agencies to be sensitive to the potential chilling effect that drone presence may have on First Amendment protected activity.
Additional circumstances in which drones may be used include when law enforcement must act to prevent imminent, life-threatening harm or the escape of a suspect. They can also be used when law enforcement agencies engage in a search-and-rescue operation or obtain a search warrant. Law enforcement may not equip drones with weapons or use drones to conduct searches in violation of the Constitution. Law enforcement also cannot use a drone equipped with facial recognition software unless there is a high risk of a terrorist attack, or quick action is needed to prevent imminent harm to life or the escape of a suspect or destruction of evidence.
Attorney General Raoul’s guidance also includes best practices for law enforcement when implementing a drone program and the law’s requirements regarding information retention and destruction.
Attorney General Raoul urges any law enforcement agency or community member, including those with information regarding suspected violations of the Drones as First Responders Act, to contact the Attorney General’s Civil Rights Bureau by calling 1-877-581-3692 or by emailing civilrights@ilag.gov.
