Items 1-4 are fairly correct.
5. The clear intention of Title 14 section 61.51 1 Presentation of
Required Documents has to be taken in context - While the pilot
must respond to a "reasonable request" to produce a pilot's logbook,
this section further and specifically states that the logbook of a
student, sport or recreational pilot must be carried in the aircraft.
There is no such specificity for other pilot licenses.
6. The claim made here is correctly clarified later in that Title
14 section 91.417(c) only requires a 337 be carried if it refers to a fuel
tank installed in the cockpit or baggage area.
***Caveat*** is more interesting.
Reasonable detention
is open to interpretation. It
has been held that detaining someone stopped for a traffic violation until
drug dogs could be obtained was not reasonable……….. This is probably
why is says "Canine Unit on the scene."
Clarification of
warrant/probable cause:
The
Supreme Court has created a special exception to the warrant requirement for
a mobile conveyance. Mobile conveyances are
cars, trucks, boats, motorcycles, airplanes, riding lawn mowers, golf carts,
baby carriages, etc.
There
are three requirements that have to be met in order to search a vehicle.
First,
the vehicle has to be in a public place. The mobile conveyance exception to the warrant
requirement doesn’t apply if a car is in a garage or on the curtilage of a
home. Hangar?
Second,
the vehicle has to be readily mobile. This means the vehicle must
appear to be operational to a reasonable person; however, it’s not necessary
that the vehicle be moving or even occupied.
Third,
there has to be probable cause to believe that contraband or evidence of a
crime will be located in the vehicle.
If all
three of those requirements are met the court will excuse the requirement
that the officer obtain a warrant.
The
mobile conveyance exception excuses the warrant
requirement; It doesn’t excuse the probable cause requirement.
Good Luck!
Scott
Krueger