Have you heard of the Fourth Amendment?

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On Apr 20, 2011, at 7:05 AM, William Wilson <fluffysheap@gmail.com> wrote:

Seems pretty standard to me.  They checked out a tip that proved to be bogus.  I don't see any rights violations here or anything out of the ordinary.

The main lesson IMO is that, while there are plenty of cops who abuse power, for the most part if you behave in a civilized manner and realize they are just trying to do their job, most of them will treat you fairly.  That seems to be what happened here.

On Tue, Apr 19, 2011 at 4:13 PM, Bob Rickard <r.rickard@rcginc-us.com> wrote:

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.