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maybe they've changed the page since you checked but there are two requirements, the second one being:
- You’ve enabled extra usage
If you haven't, then you don't get the credit.
IANAL but mens rea is a serious consideration here. A prosecutor would have to prove that you have knowingly and wilfully committed the crime in order to be convicted, so unmarked cars are in practice out of scope.
I think the main implication is that you won't be able to use any drone recordings for legal action against ICE unless you can prove that you recorded from further than 3,000 feet (one hell of a camera) or that you did it "accidentally", e.g. I was just filming my friends and ICE agents suddenly busted out of an unmarked car that happened to be within the frame. Even then, you'd have to stop recording pretty soon because at that point they could argue that it becomes wilful recording.