§132D-20 Enforcement; probable cause for arrest.

308 words·~1 min read·/hi/132d-20

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)This chapter shall be enforced by the department of law enforcement or each county. The department of law enforcement and counties, or both, are authorized to enforce and administer the provisions of this chapter.

(b)Arrests for offenses under this chapter or under a county fireworks ordinance shall be made in compliance with chapter 803. The facts and circumstances to establish probable cause for an arrest may include but are not limited to:

(1)Statements from individuals who witnessed the offense, even if those individuals are not law enforcement officers; and

(2)Photographs, video recordings, or other recordings that show the commission of the offense and can be authenticated by one or more witnesses; provided that a recording made using an unmanned aerial vehicle shall be exempt from the requirement of authentication by one or more witnesses.

(c)Video recordings or other recordings made by a law enforcement agency using, controlling, or operating an unmanned aerial vehicle may be used to establish probable cause pursuant to chapter 803 for an arrest if:

(1)The unmanned aerial vehicle is recording directly above a public park, street, sidewalk, or easement, or any public property ; and

(2)The act leading to the arrest is committed on a public park, street, sidewalk, or easement, or any public property .

(d)For the purposes of this section:

"Other recording" includes any photograph or a video made using an unmanned aerial vehicle.

"Unmanned aerial vehicle " means any aerial vehicle that is operated without the possibility of direct human intervention within or on the aerial vehicle. "Unmanned aerial vehicle" does not include a remote-controlled airplane. [L 1994, c 180, pt of §1; am L 2000, c 233, §15; am L 2019, c 248, §3; am L 2024, c 208, §8; am L 2025, c 244, §1]