HONOLULU (KHON2) — A high-tech approach to tackling illegal fireworks in Hawaii is moving forward and lawmakers say it will enhance safety without adding staff. A bill now making its way through the legislature would allow law enforcement to use drones to catch violators in the act, but critics say it’s unconstitutional.
County police departments and the state’s Department of Law Enforcement could soon deploy drones as eyes in the sky to capture evidence from above — footage that could be used as probable cause for arrest.
“Similar to red light traffic cams, something to provide that extra layer of enforcement without significant added cost or added burden on law enforcement,” said State Representative Cory Chun, whose District 35 includes Pearl City and Waipahu.
Under House Bill 550, drones could only record in public spaces like streets, sidewalks and parks. Chun said the goal is to hold offenders accountable while still respecting privacy rights.
“The way I look at it is a drone going down a street in a neighborhood is the same as a squad car going down. I mean as long as you’re not going down private property, you’re not peeking in windows, it’s strictly going on public property, then there shouldn’t be a problem,” Chun, who introduced the bill, said.
Support for the bill include people and pets.
“We do get an increase in lost animals around the holidays, we get an increase in animals that arrive deceased, so it’s a hugely important issue for us and we really support law enforcement getting any tools they possibly can,” said Stephanie Kendrick, Hawaiian Humane Society’s director of community engagement.
But the Office of the Public Defender is among those who oppose the bill, submitting testimony that the use of drones without a search warrant could be reviewed in court as unconstitutional and that without proper regulation, drones would cause unprecedented invasion of privacy rights.
HB550 is just one of a handful of measures still moving forward in the legislature this session, in an effort to respond to public calls for tougher enforcement after the tragic New Year’s Eve fireworks explosion that killed six people.
“So a lot of these bills are aimed at trying to help law enforcement to enforce what’s already on the books,” Chun said.