I just dealt with this issue yesterday. I do security for a private community. One of the residents complained about a drone, flying over everyone's space in this private (gated) community. I called local sheriff dispatch after spotting the drone operator just outside of the community with the control in his hands, and seeing the drone over the community hovering around. Deputy shows up, and tells me that the guy can legally fly his drone over the property... since they cannot control or enforce "the air".