ND HB1328

Information from unmanned aerial vehicles is inadmissible in prosecutions unless obtained pursuant to a search warrant or exceptions to the warrant requirement, and cannot be used in probable cause affidavits except under specific circumstances including monitoring of public lands or international borders.

Warrants for unmanned aerial vehicle use must include a data collection statement specifying authorized persons, operating locations, maximum flight duration, and detailed information about data collection on individuals including retention periods and destruction procedures.

Law enforcement agencies cannot authorize unmanned aerial vehicles armed with lethal weapons, cannot permit private surveillance of other private persons without express informed consent, and cannot surveil lawful exercise of constitutional rights.

Surveillance is permitted without warrant restrictions for border patrol within 25 miles of national borders, exigent circumstances involving imminent danger to life or bodily harm, environmental or weather-related catastrophes, and educational or research efforts by schools and institutions of higher education.

All unmanned aerial vehicle surveillance flights must be documented with duration, flight path, and mission objectives; flight information must be retained for five years; imagery or data not related to criminal investigations must be destroyed within 90 days; and persons accused of crimes may obtain surveillance documentation through subpoena and discovery proceedings.