Mailing List lml@lancaironline.net Message #58084
From: <marv@lancair.net>
Subject: Re: beware, you may be searched!
Date: Thu, 21 Apr 2011 11:03:42 -0400
To: <lml@lancaironline.net>
Posted for liegner@earthlink.net:
 
 
 Some questions from curiosity:
 
 1.  If this Robert McCrae's warrant was related to drugs, they would have
brought a drug sniffing dog.  But they didn't.  If they do not have probable
cause to suspect drugs are where they're going to investigate, can they delay
your departure from the airport while they retreive a drug sniffing dog?  I
assume they could sniff the plane after you've left, so how could they
interfer with your exit to wait for the K9s?
 
 2.  I assume someone needed to go to the bathroom after a 4.5 hour flight.
 Did they interfere with your interest in doing this?
 
 3.  Is it possible to verify the "tip" was the reason, or is this a
universally available  "harass the public" excuse without our ability to
confirm it.  Recalling Reagan: "Trust but verify."
 
 4.  Assuming the airplane is hangered, could you have proceeded with push
back inside and door closure, without their interference?
 
 Is there a lawyer out there with some additional guidance?
 
 I recall an admonishment from one of my attorneys: "anything you say can and
WILL be used against you."  As such, never say anything to law enforcement,
even if completely innocent.
 
 Jeff L
 LIVP
 USAFR (Ret)
 
 
 N619SJ: Lancair PIlot Surrounded, Searched on Arrival Home
 
Fellow LML’ers
 
 It seems inevitable that the govt will search you at some point.  Just some
info on what happened to me yesterday, you can hopefully use this to react
appropriately for your situation.  This is the third incident just at our
little airport in Missouri of this happening…..
 
 Bob Rickard
 IV-P
 
 On 18 April, 2011, I filed IFR from KGEU to K1H0 direct, with my wife on
board.  At 0845L, I departed KGEU VFR and picked up my filed IFR clearance to
K1H0 at FL210 with ABQ center.  The flight was uneventful and I cancelled IFR
approximately 10 miles from K1H0 with St. Louis Approach and landed at 1443L.
 Upon landing and taxi to my hanger (P3) at Creve Coeur Airport, I was
surrounded by 6 Maryland Heights Police cars and about 10 officers.  I exited
the plane and was approached by the supervisor and asked if I had any
identification.  I produced my military ID (I am a LtCol in the Air Force
Reserve flying F-22’s) as well as my driver’s license, and asked the
supervisor what the problem was.  He told me that he got a “tip” from the
Federal Government that there may be a federal fugitive on board by the name
of Robert Mcrae.  He wasn’t sure of the name and asked me if I knew anyone by
a name similar to that, to which I answered “no” to all.  He also stated that
he was surprised to see a woman in the plane with me since his informant said
there would be two men in the plane.  I inquired as to who would give a tip
like that, and he was vague.  A this point my wife exited the plane and was
asked to produce her ID as well and was questioned as to what we were doing
and where we were going and where we came from.   It was apparent to the
supervisor pretty quickly that my wife and I were not federal fugitives as
they ran our ID’s, but he asked to search the airplane anyway.  I told him
that I was aware of my rights and he could not search anything without a
warrant, and he was quick to add “or your permission” and “I could have the
dogs come out”.  (side note – they don’t need a warrant to have the dogs check
out your aircraft – if the dogs find something and indicate, then they have
probable cause to search you without a warrant.  If the dogs find nothing they
cannot search your aircraft until a warrant is issued).  I told him that I
would play nice, had nothing to hide, and that my plan was to take my
belongings out of the airplane and put them in my car to go home, and I would
allow him to see what I took out and visually see inside the cockpit and
baggage compartment, but I was not allowing a search of the airplane.  He
agreed to this. I took my 2 pieces of luggage out of the back and showed him
the contents briefly (not a complete search but opened up the zipper and
showed clothes on top) as well as the couple of vases we had bought in Phoenix
and lunch/sodas we had in the cockpit.  They saw nothing of interest and
returned my wife’s ID, but kept mine and made further calls.  The supervisor
indicated “I’m on overtime, I am outta here” and left, but another officer
checked with “EPIC” (unsure of the spelling) which he told me was an
international consortium that traded information on travel, etc.  He told me
he was aware of my trip earlier this year to Mexico and the Cayman Islands
(honeymoon cruise) but there was nothing to get me in trouble.  He then
returned my ID and let us go.
 
 
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