The California Supreme Court has declined to take up Castañares v. Superior Court, effectively maintaining the Fourth District Court of Appeal’s 2023 ruling that requires police departments to assess drone footage on a case-by-case basis under the California Public Records Act (CPRA) rather than issuing blanket denials.
Case Background & Legal Framework
Initiated in 2021 by journalist Arturo Castañares of La Prensa San Diego, the request sought all drone footage from Chula Vista’s Drone-as-First-Responder (DFR) program for a month. The trial court originally upheld the city’s denial, citing investigatory exemptions and the “catch-all” clause to avoid an “unreasonable burden”.
In December 2023, the appellate court reversed that broad denial, categorizing footage into three types:
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Clearly part of investigatory files — exempt.
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Footage used in investigations but not yet part of a file — possibly exempt.
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Factual inquiry footage (e.g., water leaks or non-criminal calls) — not exempt.
The case was sent back for further proceedings requiring detailed analysis.
Following the appellate ruling, the California Supreme Court declined to review the case in April 2024, allowing the decision to stand as precedent.
City’s Position & Practical Concerns
Chula Vista officials have consistently expressed concern that the ruling could threaten the viability of the DFR program. In an August 2025 statement, the city estimated that manually reviewing and redacting just one month’s footage would require 229 full workdays—nearly a year of labor by one full-time employee—to ensure privacy and compliance.
The city’s statement emphasized that their resistance is not motivated by secrecy but by a need to preserve a critical public safety tool while safeguarding resident privacy. The DFR program, they note, is used only in emergency response—not for routine surveillance—and already maintains transparency through published flight data, public tours, and clearly defined policies.
Implications for DFR Programs
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Administrative Burden: The requirement for thorough redaction and classification could impose significant costs and slow the deployment of drone units during emergencies.
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Program Viability: Departments may need to weigh the benefits of real-time aerial intelligence against the resources required for compliant records management.
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Precedent Setting: As one of the earliest and most robust DFR initiatives in the U.S., Chula Vista’s experience may signal how other agencies structure and document their drone programs moving forward.
With the appellate framework now in place, law enforcement agencies may increasingly reassess how they manage drone data—prioritizing systems that can quickly classify footage, apply redactions, or release non-sensitive content proactively. The case underscores the tension between emerging aerial technologies and existing public records laws—a balance that will likely shape policy as drone usage expands in public safety.
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Miriam McNabb is the Editor-in-Chief of DRONELIFE and CEO of JobForDrones, a professional drone services marketplace, and a fascinated observer of the emerging drone industry and the regulatory environment for drones. Miriam has penned over 3,000 articles focused on the commercial drone space and is an international speaker and recognized figure in the industry. Miriam has a degree from the University of Chicago and over 20 years of experience in high tech sales and marketing for new technologies.
For drone industry consulting or writing, Email Miriam.
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