Can drones fly over your home? Lehigh Acres incident sparks debate

LEE COUNTY, Fla. (WINK) — A viral video showing a Lehigh Acres man allegedly firing a weapon at a Lee County Sheriff's Office drone has sparked debate about drone laws and privacy.

The incident was captured on camera and shared by the Lee County Sheriff's Office. It quickly gained millions of views across WINK News' social media. The video shows a man allegedly firing what appeared to be a firearm at an LCSO drone, leading to his arrest.

Many people are now asking what the rules are when a drone is flying over or near private property. The short answer is yes, drones are allowed to fly over private property and homes.

"The FAA has jurisdiction over everything in the air, so once the drone leaves the ground, even if it's one inch off the ground, it is in the jurisdiction of the FAA," said Michael Den Hartog, a drone operator and instructor with Florida Drone Supply and FAA Safety Team Drone Pro.

According to the Lee County Sheriff's Office, the incident happened while deputies were using a Drone First Responder to locate a bear in Lehigh Acres. Moments later, one of the individuals, later identified as Elvin Antonio Callejas-Serrato, pointed the weapon at the drone and appeared to fire two rounds in its direction.

Michael den Hartog says that while many people think they own the air above their home, they don't. The FAA controls the airspace above us, and federal law plays a much bigger role than many people realize when it comes to drones.

"People have a perception that kids are out flying drones and spying on people right now," den Hartog said. "The industry is changing, where the consumer small drones are becoming less and less prevalent."

In a statement, the Lee County Sheriff's Office said, "The DFR program is a valuable asset that can get eyes to a scene within minutes, often before deputies arrive. DFRs are clearly marked with LCSO insignia and are equipped with red and blue emergency lights that remain activated throughout the duration of each flight."

"The program operates under strict policies, state and federal regulations, and is not used for random surveillance of law-abiding residents," the statement read. "Its sole purpose is to improve response times, increase safety, and provide critical information during emergencies."

Firing a weapon at an aircraft, including a drone, is a federal crime. Deputies say Callejas-Serrato fired multiple times at the aircraft and was eventually taken into custody.

"A lot of fire life safety people are using drone technology," Den Hartog said. "So, just seeing a drone zip across the sky above you, we're a new century now, and that's going to be commonplace."

Callejas-Serrato was charged with shooting or throwing deadly missiles into an aircraft. He was later released from the Lee County Jail.

If you feel like a drone is unlawfully surveilling you at your home and not just flying over, don't try to take matters into your own hands. Call 911 or contact your local law enforcement non-emergency line to report it.