The Drone Over the No-Trespassing Driveway
A PI in Bozeman is hired by an insurer to document whether a contractor receiving disability benefits is doing side work. The subject lives at the end of a half-mile private gravel driveway marked with two 'No Trespassing' signs. The PI parks on the county road about 60 feet from the mailbox, uses binoculars, and launches a drone at about 100 feet over the house and shop to photograph equipment. He never crosses the fence. Later that night he follows the subject's truck for 25 miles, including through a residential neighborhood, and is pulled over after the subject calls 911. The PI tells the deputy, 'I'm licensed; I can go anywhere a citizen can.' The deputy asks for his Board ID card, which he has.
1. Evaluate the roadside observation and the drone use.
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The roadside observation is generally the safer part. A PI may observe from a public road what any member of the public can see, using binoculars, provided he does not trespass, harass, or create a safety hazard. The 'No Trespassing' signs mark the private drive; he should not enter it without permission or legal authority. The drone is different. Flying low over a house and shop to photograph the interior of a fenced property can invade a reasonable expectation of privacy and may constitute trespass or a privacy violation under Montana law, even if the drone never crosses the property line. The altitude, focus on the house, and use of zoom matter. He should have limited the drone to public-space vantage points or obtained consent.
2. Was the 25-mile follow lawful? What factors matter?
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Following on public roads is not automatically unlawful, but prolonged surveillance can become stalking or harassment if it is repetitive, threatening, or causes reasonable fear. The fact that the subject called 911 and the deputy stopped the PI shows the conduct drew attention. Relevant factors include whether the PI maintained a safe distance, obeyed traffic laws, used obvious or covert methods, followed through residential streets late at night, and whether the subject had notice he was being watched. A single follow may be defensible; a pattern can support a complaint. The PI should document the route, times, and purpose, and should stop if the subject indicates fear or if police direct him to stop.
3. How should the PI handle the deputy's statement and the Board ID?
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He should be polite, identify himself truthfully as a licensed PI, and produce the Board ID card. He should not claim police powers or say he can 'go anywhere.' A PI is a private citizen with no special arrest or search authority beyond what any citizen has. He should answer the deputy's questions about why he is there, provide his license information, and comply with lawful directions. He should not argue the legality of the surveillance on the roadside. Afterward, he should write a detailed incident report, notify the client and insurer, and preserve the drone footage and GPS logs. If the deputy issues a citation, he should report it to the Board as required and consult counsel.