Was Off-Duty At The Time He Allegedly Took Photos Of People In His Neighborhood

On September 10, 2015, Lanier County (GA) Sheriff's Deputies arrested a Valdosta, GA Police officer, charging him with one count of violation of Georgia Code 16-11-62: Eavesdropping, Surveillance, or Intercepting Communication (which invades the privacy of another).

Arrested was Howard Kirkland, age 53 of Ard Road, Ray City , Lanier County, Georgia. Television station WCTV reports that he is a nine-year veteran of the Valdosta Police Department.

According to a Lanier County Sheriff's office news release, the case is currently under continued investigation and involves the arrested person allegedly utilizing a remote controlled aircraft equipped with a camera to observe other people in the neighborhood without their consent and in a private place out of public view.

Complaints were initially filed by several members of the community in late June and additional complaints were received in July. In the late June complaint a Sheriff's Deputy made contact with the suspect in the case and attempted to encourage him not to operate the "drone" aircraft above the homes of the complainants to hopefully prevent any escalation in the matter.

Additional complaints were received and the investigation into the matter continued. After consultation with the District Attorney's office and other affected agencies a determination to file formal charges was reached last week.

"The use of "drone" or unmanned surveillance aircraft in and around residential areas is something that needs to be approached very carefully by persons who buy and use such devices," said Sheriff Charles N. "Nick" Norton. "I think we will see additional legislation concerning these devices and their potential for abuse addressed soon by law makers and possibly see a more rigid set of guidelines concerning their use in and around populated areas. Again this is an issue where breaking technology provides use with a highly capable tool that can be used for both legal or illegal purposes and operators have to always err on the side of caution, especially after having been repeatedly warned concerning the matter.

"As far as this particular case goes, the investigation is ongoing and we appreciate the assistance and cooperation of Chief Childress and the Valdosta Police Department and other agencies involved. This is the LAST thing we wanted to be confronted with as far as "types" of cases go, but we have a responsibility to address the complaints of our citizens and to determine if probable cause exists to make and arrest. After that, it will be up to the court system to decide guilt or innocence based on the information we provide and that is provided by the accused.

"What I really do appreciate is that the victims in this case attempted to address the situation themselves but contacted the Sheriff's Office when that failed rather than taking more drastic action."

(Image provided by the Lanier County Sheriff's Office)

FMI: www.laniercountysheriff.com