Drones have transformed private investigation. Aerial surveillance capabilities that would have required a helicopter and a significant budget ten years ago are now available through compact, quiet unmanned aircraft systems. But drone surveillance in Tennessee is governed by a specific set of laws, and not every PI firm operates in compliance with them.
Federal requirements
Any drone used for commercial purposes — including private investigation — must be operated by a pilot holding an FAA Part 107 Remote Pilot Certificate. This requires passing an aeronautical knowledge test and complying with ongoing FAA regulations including airspace restrictions, maximum altitude limits, and operational rules.
Tennessee state law
Tennessee Code Annotated § 39-13-903 addresses the use of drones for surveillance. Under this law, it is a criminal offense to use a drone to conduct surveillance of an individual in a location where they have a reasonable expectation of privacy. Surveillance of individuals on their own private property, inside a structure, or in other private locations is prohibited.
What drone surveillance is legal for in a PI context includes observing subjects in public locations, documenting activity on commercial properties, monitoring activity in areas visible from public airspace, and augmenting ground surveillance in open or semi-public environments.
What sets Birds Eye apart
We operate FAA-certified drones piloted by Part 107-certified operators. Every drone engagement is planned in advance with airspace compliance in mind. Our aerial footage is timestamped, GPS-tagged, and documented in a way that establishes its legal collection from the outset. For attorneys considering drone-assisted evidence, we can speak to the admissibility of our aerial documentation methodology before the engagement begins.
If you want to understand how aerial surveillance might support your case, contact us for a consultation.
Frequently Asked Questions
When does a PI agency use a drone instead of a vehicle?
Drones help where ground surveillance is hard, such as large rural properties, open land, construction sites or places where parked vehicles would be noticed. They can capture activity visible from lawful airspace. Birds Eye decides case by case and only proposes aerial work when it is legal for that location and adds something a ground team cannot.
Are there places a PI agency cannot fly a drone in Tennessee?
Yes. Commercial drone flights must follow the FAA's Part 107 rules, which include airspace restrictions near airports and limits on flying over people. Temporary flight restrictions can apply around certain events. Tennessee also has its own statutes restricting drone use for surveillance of people and private property. Birds Eye checks both federal and state limits before any flight.
Can drone footage be used as evidence in a Tennessee case?
It can be, when it was captured lawfully and is properly documented. Courts look at how the footage was obtained, whether it has been altered, and whether someone can testify to it. Birds Eye logs flight details, times and locations with the footage so your attorney can evaluate it. Whether it is admitted is always up to the court.
Does Birds Eye use a drone on every surveillance case?
No. Most surveillance is still done from vehicles and on foot. A drone is one tool among several, used only when the setting calls for it and when federal and Tennessee rules allow it. If aerial work would help your case, Birds Eye explains why during planning and includes it in the written scope, timeline and cost.
