X-Virus-Scanned: clean according to Sophos on Logan.com Return-Path: Sender: To: lml@lancaironline.net Date: Mon, 25 Apr 2011 13:13:15 -0400 Message-ID: X-Original-Return-Path: Received: from imr-ma04.mx.aol.com ([64.12.206.42] verified) by logan.com (CommuniGate Pro SMTP 5.4c3j) with ESMTP id 4955489 for lml@lancaironline.net; Sat, 23 Apr 2011 16:07:27 -0400 Received-SPF: pass receiver=logan.com; client-ip=64.12.206.42; envelope-from=Sky2high@aol.com Received: from imo-ma03.mx.aol.com (imo-ma03.mx.aol.com [64.12.78.138]) by imr-ma04.mx.aol.com (8.14.1/8.14.1) with ESMTP id p3NK6l3l001192 for ; Sat, 23 Apr 2011 16:06:47 -0400 Received: from Sky2high@aol.com by imo-ma03.mx.aol.com (mail_out_v42.9.) id q.106a.46516d0 (44669) for ; Sat, 23 Apr 2011 16:06:39 -0400 (EDT) Received: from magic-m23.mail.aol.com (magic-m23.mail.aol.com [172.20.22.196]) by cia-mc01.mx.aol.com (v129.10) with ESMTP id MAILCIAMC018-ae7d4db3314f13c; Sat, 23 Apr 2011 16:06:39 -0400 From: Sky2high@aol.com X-Original-Message-ID: <4ea5.467211b9.3ae48b4f@aol.com> X-Original-Date: Sat, 23 Apr 2011 16:06:39 EDT Subject: Re: [LML] Re: beware, you may be searched! X-Original-To: lml@lancaironline.net MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="part1_4ea5.467211b9.3ae48b4f_boundary" X-Mailer: AOL 9.6 sub 130 X-AOL-IP: 24.15.17.119 X-Spam-Flag:NO X-AOL-SENDER: Sky2high@aol.com --part1_4ea5.467211b9.3ae48b4f_boundary Content-Type: text/plain; charset="UTF-8" Content-Transfer-Encoding: quoted-printable Content-Language: en Jeff, et al, =20 Examining the AMOC document and aside from obvious errors: =20 Items 1-4 are fairly correct. =20 5. The clear intention of Title 14 section 61.51 1 Presentation of Require= d=20 Documents has to be taken in context - While the pilot must respond to = a=20 "reasonable request" to produce a pilot's logbook, this section further = and=20 specifically states that the logbook of a student, sport or recreational= =20 pilot must be carried in the aircraft. There is no such specificity for= =20 other pilot licenses. =20 6. The claim made here is correctly clarified later in that Title 14 =20 section 91.417(c) only requires a 337 be carried if it refers to a fuel ta= nk =20 installed in the cockpit or baggage area. =20 ***Caveat*** is more interesting. =20 Reasonable detention is open to interpretation. It has been held that= =20 detaining someone stopped for a traffic violation until drug dogs could= be=20 obtained was not reasonable=E2=80=A6=E2=80=A6=E2=80=A6.. This is probably= why is says "Canine Unit=20 on the scene."=20 Clarification of warrant/probable cause:=20 The Supreme Court has created a special exception to the warrant=20 requirement for a mobile conveyance. Mobile conveyances are cars, trucks,= boats,=20 motorcycles, airplanes, riding lawn mowers, golf carts, baby carriages,= etc.=20 There are three requirements that have to be met in order to search a=20 vehicle. =20 First, the vehicle has to be in a public place. The mobile conveyance=20 exception to the warrant requirement doesn=E2=80=99t apply if a car is in= a garage or=20 on the curtilage of a home. Hangar? =20 Second, the vehicle has to be readily mobile. This means the vehicle must= =20 appear to be operational to a reasonable person; however, it=E2=80=99s not= =20 necessary that the vehicle be moving or even occupied.=20 Third, there has to be probable cause to believe that contraband or=20 evidence of a crime will be located in the vehicle. =20 If all three of those requirements are met the court will excuse the=20 requirement that the officer obtain a warrant.=20 The mobile conveyance exception excuses the warrant requirement; It does= n=E2=80=99 t excuse the probable cause requirement.=20 Good Luck!=20 Scott Krueger --part1_4ea5.467211b9.3ae48b4f_boundary Content-Type: text/html; charset="UTF-8" Content-Transfer-Encoding: quoted-printable Content-Language: en <= FONT id=3Drole_document color=3D#000000 size=3D2 face=3DArial>
Jeff, et al,
 
Examining the AMOC document and aside from obvious errors:
 
Items 1-4 are fairly correct.
 
5. The clear intention of Title 14 section 61.51 1 Presentation of Re= quired=20 Documents has to be taken in context - While the pilot must resp= ond to=20 a "reasonable request" to produce a pilot's logbook, this section fur= ther=20 and specifically states that the logbook of a student, sport or=20 recreational pilot must be carried in the aircraft.  There is no such= =20 specificity for other pilot licenses.
 
6. The claim made here is correctly clarified later in that Titl= e 14=20 section 91.417(c) only requires a 337 be carried if it refers to a fuel ta= nk=20 installed in the cockpit or baggage area.
 
***Caveat*** is more interesting. =20

Reasonable det= ention is=20 open to interpretation.  It= has been=20 held that detaining someone stopped for a traffic violation until drug dog= s=20 could be obtained was not reasonable=E2=80=A6=E2=80=A6=E2=80=A6..  Th= is is probably why is says=20 "Canine Unit on the scene."

 

Clarification= of=20 warrant/probable cause:

 

The= Supreme=20 Court has created a special exception to the warrant requirement for a mobile conveyance. Mobile conveyances are=20 cars, trucks, boats, motorcycles, airplanes, riding lawn mowers, golf cart= s,=20 baby carriages, etc.

Ther= e are=20 three requirements that have to be met in order to search a vehicle.=20

Firs= t, the=20 vehicle has to be in a public place. The mobile conveyance exception to the warrant=20 requirement doesn=E2=80=99t apply if a car is in a garage or on the curtil= age of a home.=20 Hangar?

Seco= nd, the=20 vehicle has to be readily mobile. This means the vehicle must= =20 appear to be operational to a reasonable person; however, it=E2=80=99s not= necessary=20 that the vehicle be moving or even occupied.

Thir= d, there=20 has to be probable cause to believe that contraband or evidence of a crime= will=20 be located in the vehicle.

If= all three=20 of those requirements are met the court will excuse the requirement that= the=20 officer obtain a warrant.

The=20 mob= ile conveyance= exception excuses the warrant=20 requirement; It doesn=E2=80=99t excuse the probable cause requirement.

 

Good Luck!

 

Scott=20 Krueger

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