X-Virus-Scanned: clean according to Sophos on Logan.com Return-Path: Sender: To: lml@lancaironline.net Date: Thu, 21 Apr 2011 08:14:29 -0400 Message-ID: X-Original-Return-Path: Received: from imr-mb01.mx.aol.com ([64.12.207.164] verified) by logan.com (CommuniGate Pro SMTP 5.4c3j) with ESMTP id 4952769 for lml@lancaironline.net; Wed, 20 Apr 2011 22:19:20 -0400 Received-SPF: pass receiver=logan.com; client-ip=64.12.207.164; envelope-from=vtailjeff@aol.com Received: from mtaout-ma01.r1000.mx.aol.com (mtaout-ma01.r1000.mx.aol.com [172.29.41.1]) by imr-mb01.mx.aol.com (8.14.1/8.14.1) with ESMTP id p3L2IbbY027833 for ; Wed, 20 Apr 2011 22:18:37 -0400 Received: from [192.168.1.149] (24-107-65-42.dhcp.stls.mo.charter.com [24.107.65.42]) (using TLSv1 with cipher AES128-SHA (128/128 bits)) (No client certificate requested) by mtaout-ma01.r1000.mx.aol.com (MUA/Third Party Client Interface) with ESMTPSA id 079B6E000115; Wed, 20 Apr 2011 22:18:36 -0400 (EDT) References: In-Reply-To: Mime-Version: 1.0 (iPad Mail 8C148) Content-Type: multipart/alternative; boundary=Apple-Mail-12-775084885 X-Original-Message-Id: Content-Transfer-Encoding: 7bit X-Mailer: iPad Mail (8C148) From: vtailjeff@aol.com Subject: Re: [LML] Re: beware, you may be searched! X-Original-Date: Wed, 20 Apr 2011 21:18:31 -0500 X-Original-To: Lancair Mailing List x-aol-global-disposition: G X-AOL-SCOLL-SCORE: 0:2:486413536:93952408 X-AOL-SCOLL-URL_COUNT: 0 x-aol-sid: 3039ac1d29014daf93fc0a5f X-AOL-IP: 24.107.65.42 --Apple-Mail-12-775084885 Content-Transfer-Encoding: quoted-printable Content-Type: text/plain; charset=utf-8 If you want to read more on this see my article in the January issue of LOBO= re: ramp check. Www.lancairowners.com You have a right to not be searched u= nless a warrant is served. A warrant must be signed by a judge based on prob= able cause. In Bob's case Monday, using a drug dog to look for a fugitive do= es not fly. Bob could have stood on principle and not allowed a consensual s= earch. If they ask for a consensual search and you give it then you have wai= ved your Fourth Amendment rights.=20 If you do not consent to a search then the police may detain you. Ask if you= are being detained or arrested or if you are free to leave. If the police t= ell you are free to leave-- then leave.=20 Watch the video I posted on this subject from Customs and Border Patrol. CBP= has specifically targeted General Aviation as a threat to the country and i= s monitoring all GA flights via radar and other methods. If you are on an IFR= flight plan and change you destination or divert, ATC will ask you for a re= ason for changing your destination. It may be for fuel, to pee or just take a= break but ATC will not let you off the hook without a reason. Why? Because C= BP wants to know.=20 If you want to fly to Mexico, Canada or the Bahamas you must get permission f= rom CBP to leave the country. Yes permission to LEAVE. Beware and fly safe. Jeff Edwards=20 Sent from my iPad On Apr 20, 2011, at 7:05 AM, Colyn Case wrote: > cool. so what ARE our rights in such a situation? and what happens if y= ou bring on the dogs in practice? >=20 > On Apr 19, 2011, at 6:13 PM, Bob Rickard wrote: >=20 >> Fellow LML=E2=80=99ers >> =20 >> It seems inevitable that the govt will search you at some point. Just so= me info on what happened to me yesterday, you can hopefully use this to reac= t appropriately for your situation. This is the third incident just at our l= ittle airport in Missouri of this happening=E2=80=A6.. >> =20 >> Bob Rickard >> IV-P >> =20 >> On 18 April, 2011, I filed IFR from KGEU to K1H0 direct, with my wife on b= oard. 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 I= FR approximately 10 miles from K1H0 with St. Louis Approach and landed at 14= 43L. Upon landing and taxi to my hanger (P3) at Creve Coeur Airport, I was s= urrounded 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 ident= ification. I produced my military ID (I am a LtCol in the Air Force Reserve= flying F-22=E2=80=99s) as well as my driver=E2=80=99s license, and asked th= e supervisor what the problem was. He told me that he got a =E2=80=9Ctip=E2= =80=9D from the Federal Government that there may be a federal fugitive on b= oard by the name of Robert Mcrae. He wasn=E2=80=99t sure of the name and as= ked me if I knew anyone by a name similar to that, to which I answered =E2=80= =9Cno=E2=80=9D to all. He also stated that he was surprised to see a woman i= n the plane with me since his informant said there would be two men in the p= lane. 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 whe= re we came from. It was apparent to the supervisor pretty quickly that my w= ife and I were not federal fugitives as they ran our ID=E2=80=99s, but he as= ked 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= =E2=80=9Cor your permission=E2=80=9D and =E2=80=9CI could have the dogs com= e out=E2=80=9D. (side note =E2=80=93 they don=E2=80=99t need a warrant to h= ave the dogs check out your aircraft =E2=80=93 if the dogs find something an= d indicate, then they have probable cause to search you without a warrant. I= f the dogs find nothing they cannot search your aircraft until a warrant is i= ssued). 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 t= o go home, and I would allow him to see what I took out and visually see ins= ide the cockpit and baggage compartment, but I was not allowing a search of t= he airplane. He agreed to this. I took my 2 pieces of luggage out of the ba= ck and showed him the contents briefly (not a complete search but opened up t= he zipper and showed clothes on top) as well as the couple of vases we had b= ought in Phoenix and lunch/sodas we had in the cockpit. They saw nothing of= interest and returned my wife=E2=80=99s ID, but kept mine and made further c= alls. The supervisor indicated =E2=80=9CI=E2=80=99m on overtime, I am outta= here=E2=80=9D and left, but another officer checked with =E2=80=9CEPIC=E2=80= =9D (unsure of the spelling) which he told me was an international consortiu= m that traded information on travel, etc. He told me he was aware of my tri= p earlier this year to Mexico and the Cayman Islands (honeymoon cruise) but t= here was nothing to get me in trouble. He then returned my ID and let us go= . >> =20 >=20 > =3D --Apple-Mail-12-775084885 Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset=utf-8
If you want to read more on this see my= article in the January issue of LOBO re: ramp check. Www.lancairowners.com  You have a right to not b= e searched unless a warrant is served. A warrant must be signed by a judge b= ased on probable cause. In Bob's case Monday, using a drug dog to look for a= fugitive does not fly. Bob could have stood on principle and not allowed a c= onsensual search. If they ask for a consensual search and you give it then y= ou have waived your Fourth Amendment rights. 

= If you do not consent to a search then the police may detain you. Ask if you= are being detained or arrested or if you are free to leave. If the police t= ell you are free to leave-- then leave. 

Watch= the video I posted on this subject from Customs and Border Patrol. CBP has s= pecifically targeted General Aviation as a threat to the country and is moni= toring all GA flights via radar and other methods. If you are on an IFR flig= ht plan and change you destination or divert, ATC will ask you for a reason f= or changing your destination. It may be for fuel, to pee or just take a brea= k but ATC will not let you off the hook without a reason. Why? Because CBP w= ants to know. 

If you want to fly to Mexico, C= anada or the Bahamas you must get permission from CBP to leave the country. Y= es permission to LEAVE.

Beware and fly safe.
<= div>
Jeff Edwards 

Sent from my iPad
<= div>
On Apr 20, 2011, at 7:05 AM, Colyn Case <colyncase@earthlink.net> wrote:

=
cool.  so what ARE our rights in s= uch a situation?   and what happens if you bring on the dogs in practic= e?

On Apr 19, 2011, at 6:13 PM, Bob Rickard wrote:
Fellow LML=E2=80=99= ers
 
It seems inevitable that the govt will search y= ou at some point.  Just some info on what happened to me yesterday, you= can hopefully use this to react appropriately for your situation.  Thi= s is the third incident just at our little airport in Missouri of this happe= ning=E2=80=A6..
 
Bob Rickard
IV-P
On 18 April, 2011, I filed IFR from KGEU to K1H0 direct, w= ith my wife on board.  At 0845L, I departed KGEU VFR and picked up my f= iled IFR clearance to K1H0 at FL210 with ABQ center.  The flight was un= eventful 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 a= nd about 10 officers.  I exited the plane and was approached by the sup= ervisor and asked if I had any identification.  I produced my military I= D (I am a LtCol in the Air Force Reserve flying F-22=E2=80=99s) as well as m= y driver=E2=80=99s license, and asked the supervisor what the problem was.&n= bsp; He told me that he got a =E2=80=9Ctip=E2=80=9D from the Federal Governm= ent that there may be a federal fugitive on board by the name of Robert Mcra= e.  He wasn=E2=80=99t sure of the name and asked me if I knew anyone by= a name similar to that, to which I answered =E2=80=9Cno=E2=80=9D to all.&nb= sp; 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 inqui= red as to who would give a tip like that, and he was vague.  A this poi= nt my wife exited the plane and was asked to produce her ID as well and was q= uestioned 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 w= ife and I were not federal fugitives as they ran our ID=E2=80=99s, but he as= ked to search the airplane anyway.  I told him that I was aware of my r= ights and he could not search anything without a warrant, and he was quick t= o add =E2=80=9Cor your permission=E2=80=9D and =E2=80=9CI could have the dog= s come out=E2=80=9D.  (side note =E2=80=93 they don=E2=80=99t need a wa= rrant to have the dogs check out your aircraft =E2=80=93 if the dogs find so= mething and indicate, then they have probable cause to search you without a w= arrant.  If the dogs find nothing they cannot search your aircraft unti= l 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 a= llowing a search of the airplane.  He agreed to this. I took my 2 piece= s of luggage out of the back and showed him the contents briefly (not a comp= lete search but opened up the zipper and showed clothes on top) as well as t= he couple of vases we had bought in Phoenix and lunch/sodas we had in the co= ckpit.  They saw nothing of interest and returned my wife=E2=80=99s ID,= but kept mine and made further calls.  The supervisor indicated =E2=80= =9CI=E2=80=99m on overtime, I am outta here=E2=80=9D and left, but another o= fficer checked with =E2=80=9CEPIC=E2=80=9D (unsure of the spelling) which he= told me was an international consortium that traded information on travel, e= tc.  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 tr= ouble.  He then returned my ID and let us go.
 

=3D
= --Apple-Mail-12-775084885--