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

Tom Cacek hytec45 at aol.com
Mon Jun 24 22:09:16 CDT 2013


Yup, give someone a badge, and it's them against everyone who doesn't have one, or should I say, "those against Law Enforcement". " Flying is a Privilege" ?  Yea,from God. 
 Waiting for my audit.

Sent from AOL Mobile Mail


-----Original Message-----
From: Scott Derrick <scott at tnstaafl.net>
To: Velocity Aircraft Owners and Builders list <reflector at tvbf.org>
Sent: Mon, Jun 24, 2013 07:50 PM
Subject: Re: REFLECTOR: Special Report: AOPA demands answers on aircraft searches: Customs Pilot Perspective





  
    
  
  
    While some of this "sounds" reasonable, this guy obviously is
    drinking the kool-aid and is completely ignoring the tactics being
    used. 

    

    Black hawk helicopters, guys with AK47's, machine guns, Oozies,
    etc.. Total Gestapo/Nazi style intimidation.  Stalin would be proud.

    

    Scott

    

    -------- Original Message --------

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

      From: Mark Magee <edjonesbrady at gmail.com>

      To: Velocity Aircraft Owners and Builders list
      <reflector at tvbf.org>

      Date: 06/24/2013 08:37 PM

    
    
      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
                                        
                                      
                                      
                                        
                                          
                                            
                                              
                                                
                                              
                                              
                                                
                                                  
                                                    
                                                      
                                                        

                                                        
                                                        
                                                          June
                                                          19, 2013
                                                        
                                                      
                                                    
                                                  
                                                
                                              
                                            
                                          
                                        
                                      
                                    
                                  
                                  
                                    
                                      
                                        
                                          
                                            FIGHTING FOR PILOTS’ RIGHTS
                                          AOPA demands answers
                                            on aircraft searches
                                          With 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. 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 >>
                                          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
                                            >>
                                          
                                          
                                        
                                      
                                    
                                  
                                
                              
                            
                          
                          
                            
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          -- 

          Watch, stand fast in the faith, be brave, be
            strong. Let all that you do be done with love. 1COR 16:13-14
        
      
      

      
      

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