REFLECTOR: Special Report: AOPA demands answers on aircraft searches: Customs Pilot Perspective

Mon Jun 24 21:37:33 CDT 2013

All,
Here is my buddy, the Customs pilot's response to my request for insight on
the increasing ramp checks. It is redacted to keep my friend anonymous: he
does work for 'The Man'...

Mark

---------- Forwarded message ----------

Mark,
All is well.  I'm in the process of making al my FAA paperwork right for
the airlines. I just finished my 737 type rating and finally picked up my
ATP.
As far as the ramp check stuff, I really don't have too much insight.  The
topic probably would be better served if we could sit down and chat.  The
biggest concern is ensuring that 4th amendment rights are not infringed
upon, and balancing that with law enforcement.  There is a constant flow of
drugs moving from the west coast and we are having a fair amount of luck
intercepting it.  The problem arises when we talk with a law abiding
general aviator who does NOT care for the government (and Texas is loaded
with the Anti-govt type), and they do not care to try to understand the
battle we are in. It is a VERY thin line, and a line that sometimes is
wrongfully crossed.  Bottom line, if you don't want someone to look at your
plane, you have the right to say no.  Law Enforcement Officials have the
job of developing both reasonable suspicion and probable cause.  Once that
is developed, there are a whole different set of rules that apply.  With
that being said, understand that flying is a privilege, and if you are
witnessed exercising that privilege, LEO's (any city, state, federal) have
the right/obligation to verify that you are properly certified to operate
the aircraft, and that the aircraft is properly registered with the FAA
(standard ramp check stuff).  The guys in the office constantly go round
and round since many of us exercise our general aviation privileges as well
(perfect time to interject the fact that I bought a DELETED last year).  If
you are approached on the ramp, be prepared to show your FAA docs and
medical certificate.  If they ask to look at your airplane and you just
don't feel like playing nice, say no.  Your freedom of movement should not
be hindered if reasonable suspicion has yet to be determined.
 Disclaimer..... It's a thin line that the LEO walks.  We all have our
individual threshold for reasonable suspicion (with very little
guidance....by design).  Probable cause, on the other hand, is fairly well
established by various case laws (typically when judges start issuing
warrants).  If RS/PC is established, the LEO can then continue with their
"investigative detention" (restrict movement etc.) to satisfy their
concerns.  RS is NOT enough to force their way into your personal property,
but PC is (a dog that alerts satisfies PC by case law).  This rabbit hole
continues on and on.  It is fantastic hangar talk that I would be happy to
participate in (in uniform or not).  I hope this helps. Keep in touch and
let me know if you need anymore info (or different explanation).

NAME DELETED

*From:* "Richard J. Gentil" <richard at naples-air-center.com>
*Date:* June 19, 2013, 7:52:19 PM CDT
*To:* Velocity Aircraft Owners and Builders list <reflector at tvbf.org>
*Subject:* *Re: REFLECTOR: Fwd: Special Report: AOPA demands answers on
aircraft searches*
*Reply-To:* Velocity Aircraft Owners and Builders list <reflector at tvbf.org>

I just finished reading it about 30 minutes ago.

Really curious why they are making so may searches.

You know when CBP see a Velocity they have no idea what they are looking
at. Makes them even more curious about it. I have had them with density and
radiation meters checking my bird before.

They seem to think it is some sort of aerial drone.

Richard

Sent from my iPhone 5

On Jun 19, 2013, at 8:26 PM, Kevin Baker <flykb at verizon.net> wrote:

FYI
Received this email from aopa tonight

Thought folks might be intetested
Kevin Baker

.

Begin forwarded message:

*From:* AOPA_EPILOT at AOPA.ORG
*Date:* June 19, 2013, 5:01:52 PM CDT
*To:* FLYKB at VERIZON.NET
*Subject:* *Special Report: AOPA demands answers on aircraft searches*

 Comments? E-mail pilotassist at aopa.org, call 800/USA-AOPA
  [image: AOPA ePilot]

June 19, 2013
     FIGHTING FOR PILOTS’ RIGHTS AOPA demands answers on aircraft
searchesWith a growing number of reports from law-abiding pilots
stopped by armed
federal agents on the ramp, their aircraft searched by federal agents, the
U.S. Department of Homeland Security Customs and Border Protection (CBP)
remains silent, and outrage is building. AOPA is questioning CBP’s
authority to conduct the searches, and demanding a response from officials
at the highest level<http://www.aopa.org/-/media/Files/AOPA/Home/News/All%20News/2013/June/CBPWinkowski20130619.pdf>.
There has been no meaningful response to date from CBP to Freedom of
Information Act requests filed months ago by AOPA and affected pilots.

“We don’t even know why they’re being stopped,” said AOPA General Counsel
Ken Mead, adding that the association will press the issue until
satisfactory answers—or a change in policy—are forthcoming. “We’re not
going to let this go with just lip service. The agency either has to stop
its behavior or we’re going to need to elevate it to Congress.” Read the
full story >><http://www.aopa.org/News-and-Video/All%20News/2013/June/19/AOPA-demands-answers-on-aircraft-searches.aspx>
What to do if stopped by law enforcement AOPA is still researching the
legal specifics involved when federal agents, particularly CBP agents
acting well inside the nation’s borders, detain a pilot and search an
aircraft. As the association works to gain a fuller understanding of what
is permitted, a convenient kneeboard reference card has been prepared for
pilots who might find themselves the object of the agency’s attention. This
step-by-step guide includes general procedures to follow when subjected to
detention and search. Always be courteous and respectful, and remain calm.
Answer questions truthfully, but succinctly. Do not volunteer
information. Download
the kneeboard reference card
>><http://www.aopa.org/-/media/Files/AOPA/Home/News/All%20News/2013/June/CBPGuidelinesKneeboard.pdf>

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