Police Misled Media/Public On Inquiries About TFR

The test flight of an Unmanned Aerial Vehicle, which was apparently conducted in secret, on November 21 by Houston police, was caught by KPRC Local 2 TV in Waller County, Texas. Locals there thought that the event was a top-secret military activity, as it was 70 miles away from any big cities and located among farmland and ranches.

The TV station's cameras caught the UAV being launched amid numerous black trucks, satellite dishes and a rotating radar dish, in the first of many flights planned before putting the aircraft into service next summer.

According to a report by the station only those with an invitation were allowed, all were checked for ID before being allowed through a police line. The U.S. Department of Homeland Security and Houston PD Chief Harold Hurtt were among those attending, according to KPRC.

Local 2 News had Chopper 2 with their news team onboard follow the flight of the 40-pound, 10-foot wingspan UAV that circled at an altitude of 1,500 feet. The UAV was operated by a firm called Insitu, Inc. with remote controls from inside the black trucks, along with guests who viewed a live feed from the aircraft's onboard camera.

The TV news coverage triggered an unplanned immediate press conference by Houston PD after the test flight.

"I wasn't ready to publicize this," Executive Assistant Police Chief Martha Montalvo told reporters.

"We still haven't even decided how we were going to go forward on this task, so it seemed premature to me to announce this to the media," Montalvo said. "But since, obviously, the media found out about it, then I don't see any reason why just not go forward with what we have so far."

Montalvo explained that the unmanned aircraft could be used to improve mobility over traffic issues, search and rescue, or homeland security and or evacuation during storms, or tactical uses, or for writing traffic tickets.

Many of the officers that witnessed the flights were from the department's traffic division.

Houston police contacted station KPRC from the test site claiming the airspace was restricted by the Federal Aviation Administration. KPRC checked with the FAA and found that no flight restrictions were in place after police threatened action if the Local 2 helicopter did not leave the site.

The TV station's reporters question the legality of using the UAVs for collecting and viewing people in privately owned areas.

"One issue is going to be law enforcement using this and when, by using these drones, are they conducting a search in which they'd need probable cause or a warrant. If the drones are being used to get into private spaces and be able to view where the government cannot otherwise go, and to collect information that would not otherwise be able to collect, that's concerning to me," said Rocky Rhodes a professor of constitutional law at South Texas College of Law.

"It's interesting that privacy doesn't occur or searches aren't an issue when you have a helicopter pilot over you and it would not be used in airspace other than what our helicopters are used in already," HPD Assistant Chief Vickie King said of the unmanned aircraft.

King said HPD helicopters do not routinely spy on citizens and film them, but the aircraft do have cameras on board. The department said it will be working with the FAA on technical specifications, and airworthiness hazards of flying the aircraft in urban settings.

Future test flights with the aircraft priced from $30,000 to $1 million each are planned.

FMI: www.insitu.com/, www.houstontx.gov/police/, www.aopa.org/whatsnew/newsitems/2006/060215uav.html