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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