ms. stepanovich. >> jones definitely will impact an individual expectation of privacy. in regard to the chemical sniffers that mr. calo discuss tremendous technology developed by department of defense, dhs in use by the new police department and that can scan for chemical traces down to incredibly small traces you may come into contact with accidentally and people can be triggered as potential targets based on those streets. >> professor calo, private individuals and commercial companies are allowed to use drones come if you started using a two check meters, are there pdas absent a warrant? >> unless the officers instruct the individuals to do this surveillance, they would likely need a warrant for that. the fourth amendment only applies to state actors. some limitations will apply to private parties and so for instance there was a surveillance case involving trade secret pack two via a trade law even though it didn't violate the fourth amendment. >> professor trained to combine several questions, but

ms. stepanovich. >> i know of one right now. customs and border protection has an ongoing program where they allow state and local law enforcement and other federal agencies to borrow their predator v drones and use them to conduct surveillance that's not related to the customs and border patrol mission. this is something epic has been pursuing and we are submitting today to customs and border protection to suspend this practice. >> are you submitting it today? >> today. however, in north dakota this practice has already been used to conduct surveillance of a suspected and alleged cattle thief who was holed up on his property. they flew the drone over his property and collected information about him and used that information to arrest him. it's the first use of a drone to arrest a u.s. citizen on u.s. soil. >> and the courts really could be relied on to protect privacy in the law enforcement setting except almost certainly those cases would arise in the context f efforts to exclude evidence. in a criminal prosecution rather an l