The Cleveland Community Police Commission approved a policy controlling drone usage by the Cleveland Division of Police, maintaining a controversial restriction despite pushback from city officials.
The commission consulted with legal experts, defense attorneys, Cleveland police officials and looked at policies controlling drone usage in other cities, especially in Oakland, California, said Commissioner Piet van Lier.
"A lot of what we have is aligned with the Oakland policy, in some ways stronger," said van Lier.
Cleveland police drones are currently grounded and the policy passed at the April 23 meeting would not go into effect until the U.S. Department of Justice and monitoring team overseeing the city's consent decree review it.
In November 2024, the commission passed largely the same rules. But city officials and members of city council asked for the repeal of a section regarding the use of drones to monitor protests, an issue which became particularly polarizing after Cleveland police later that month flew drones over protesters demonstrating outside Cuyahoga County Executive Chris Ronayne's home.
During a January 15, 2025, meeting, Safety Committee Chair Mike Polensek said the policy is "a clear indication to me [the CPC is] not in support of the Cleveland Division of Police."
Cleveland's policy does not allow police to use drones to monitor protests or to conduct surveillance of individuals. And the city grounded the drones until federal officials provided feedback on the policy.
Police officials have argued that the CPC has delayed the city's drone program by failing to pass a policy until late last year. City council approved the purchase of drones for police use three years ago.
During the January 15, 2025 council meeting, Chief Annie Todd told council, "I explained to [the CPC] that the policy as written, if we had a complaint of an active shooter inside of a crowd, their policy basically would limit us from using that drone to help us locate that person."
The policy does allow drone use, following approval from a commander, in “Other circumstances, including flying over large crowds, where there is probable cause that a crime is being or has been committed or where public safety is being endangered that would meet the requirements for a warrantless search under the Fourth Amendment (GPO 2.02.02)."
The commission declined to budge on its position barring drone usage to monitor protests, however, and the prohibition remains in the policy approved Wednesday.
Police are prohibited from equipping drones with technology that enables facial recognition or gait analysis, which uses technology to identify people by the way they walk. The policy also requires police to publicly post the date, time and flight path of any drone deployment within 48 hours of any flights.
Cleveland City Council approved the purchase of two drones for use by police in 2022. At the time, much of the discussion focused on using drones to help with vehicle pursuits, though that is not included in the new policy.
Federal Aviation Administration rules require that drone operators maintain visual contact with drones, unless they’ve received a special, highly restricted license. The new policy only deals with what’s known as “visual line of sight” uses.
The policies allow for drone usage to search for missing persons, to investigate mass shootings or hostage situations, for rescue operations and prior to serving high-risk warrants.
The drone policy approved Wednesday will be forwarded to the U.S. Department of Justice and police consent decree monitor for review to ensure compliance with the consent decree the city entered into with the U.S. Justice Department.
