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Jeff, etal
A minor account, for additional background…
Last summer (early August sometime shortly
after Osh), I was questioned by two CBP officers upon landing at MCD (Mackinac
Island, Michgan) on an otherwise routine non-stop solo local/domestic flight
from my homebase, Y47 in the Detroit area in my C172. They wanted to see
my ID, and ask a couple questions on where I was coming from, if I had been out
the country, etc. They asked if I had the registration, but did not
request that I pull it out of the plastic pocket on the side panel. It was not
much of an event, and the questions were not very invasive. I did provide
my ID and minimally cooperative answers, all while I continued to tie-down, post
flight, and unload my bag. They were in casual plain cloths, but did show
me their ID’s and were cordial.
In speaking with my wife who was waiting
for me at the small airport building, she indicated that they were waiting
there before hand, but also did the same to another plane that landed before me
while she was waiting – so they were apparently not focusing on any
specific planes. Having overhead their conversation while she was waiting,
they were up there for a few days doing “audits” a couple hours a
day, AND STAYING AT THE MACHINAC GRAND HOTEL (5 star $400-600 per night, 2
night min). http://www.grandhotel.com
and enjoying the island.
This is really a very unnecessary boondoggle…
MCD is a small (vacation/tourist) island 3
miles off the Michgan shore only accessible by ferry/boat (or plane) and a
fairly expensive place to stay. The airport is within the state park boundary, operated
by the state, staffed by a park ranger who records all tail numbers, and has a
landing fee (but no services, no fuel nor FBO). It is not a high volume airport
(untowered), but can by relatively busy on nice weekends in the summer. Needless
to say, this is probably the LAST place anyone would seek to bring a fugitive into
the country or any other potential nefarious activity. There are tons of remote,
unattended, and more easily accessible airports in northern Mich,
were you could probably land (stop&go) from Canada, below radar coverage (since
they can’t ever provide flight following, nor radar vectors, below ~4,500ft).
FYI, there is even a bunch of Class G in the Mich Upper Peninsula also (not just
out west) – so you can legally fly in IMC without an IFR flight plan and
not talking to anyone - if you believe in the big sky theory (I didn’t say
it was safe).
Anyway the key point is, we don’t need
to be paying for these hacks to vacation at the GRAND in Aug while on the dole
under the context of CBP aviation audits! What a waste of our CBP funding/resources,
especially when there’s a boarder that actually needs policing.
Rick
p.s. Afterwards, I decided if I ever got
stopped (audited) again, I would politely have them right down their names,
badge numbers/credentials and office contact info for me, after showing them my
ID, but before considering answering additional questions.
p.p.s I also plan on posting a copy of the
CBP Guide to Law Enforcement… on the bulletin board of every airport I
land at. That should get some grass-roots pilots stirred up out there.
From: Lancair Mailing List [mailto:lml@lancaironline.net] On Behalf Of vtailjeff@aol.com
Sent: Saturday, April 23, 2011
12:24 PM
To: lml@lancaironline.net
Subject: [LML] Re: beware, you may
be searched!
We appreciate your help. This
Constitutional problem with Customs and Border Patrol (CBP) and similar Federal
agencies has been brewing for a while and will not go away overnight. American
citizens are not the bad guys. GA pilots are not terrorists. You may recall the
12,500# Program that TSA wanted to extend to small aircraft two years ago. It
was successfully fought by many in GA. But this win was a small one for us and
we must be ever vigilant to protect our freedom to fly.
As a retired military officer and flier,
I can tell you that CBP has put together a large air force and intelligence
network and is using it against law abiding U.S. citizens. They are even
advertising this capability on their own website. Unfortunately, they appear to
be beyond the reach of our elected officials. The fax that we managed to
secure and post on this list shows us they view GA as a security problem. As
mentioned on an earlier post--they are not interested in answering their bosses
(us) questions regarding these intrusions on our personal liberties. I have
spent many hours researching this issue and racked up numerous hours on the
phone mustering support. This latest attack on GA and our personal
liberties occurred at my home airport, involved a good friend of
mine who now owns an airplane I built, and was conducted at my hangar.
Where we stand today: I have met with our
local law enforcement officials who have conducted these searches based on
phone calls from CBP. They are not happy with CBP. CBP has wasted a
considerable amount of their time and made them out to be the bad guys which
they are not. It will probably be a long time before CBP calls our local police
force. Make contact with your local police agencies and advise them of this
nonsense --an ounce of prevention is worth a pound of cure. The LOBO Board
has been reaching out to our friends and allies in GA. I have contacted
Congressman Sam Graves' office---he is the chairman of the GA caucus in
the House of Representatives. Contact you Congressman and Senator, as well. I
have connected with Jim Campbell who has published the pilot's account in
www.aeronews.net. Today, I have had dialogue with AOPA and
their VP for Operations, Mr. Craig Spence who will be meeting with CBP next
week about this issue. I will ask him to invite our VP-- Bob Pastusek, COL
USAF (ret.) to attend. AOPA is now giving this issue their top
priority. Please give AOPA and Mr. Spence your support and respect. If you have
anything else to report post it here or send it to me directly at vtailjeff@aol.com.
I would appreciate hearing from anyone else who has had this sort of treatment
from our Federal employees-- remember ---they work for us.
-----Original
Message-----
From: Kent <kent@tulsaconnect.com>
To: lml@lancaironline.net
Sent: Fri, Apr 22, 2011 12:56 pm
Subject: [LML] Re: beware, you may be searched!
i passed the copy to a friend and here is
what he wrote back:
I just called that number, 866-247-2878.
I was handed off to Tony Martinez <sp> who said he was an aviation
enforcement specialist at the Air and Marine
Operations Center
in Riverside,
Calif.
Based on the beeping I heard on the line, I assume the telephone call was
recorded.
He wanted to know who I was and who I represented or was "with."
I gave him my first and last name and said I'm simply a pilot in Florida.
The Reader's Digest version of our conversation, taken from memory:
I explained I had some questions about a document -- the one in question
--
and read its title to him.
He asked where I got the document.
I said someone gave it to me. More importantly, I added, several of the six
document requirements are almost certainly incorrect, mentioning #5 (pilot's
logbook) and #6 (Form 337). I pointed out these aren't FAA requirements.
He said Form 337s are paperwork for modifications to the aircraft and must
be in the aircraft.
I said I thought the only Form 337 that must be carried in the aircraft was
one for the installation of extra fuel tanks.
He said I should contact the FAA with my concerns.
I said this is a Dept of Homeland Security guide, not an FAA document, so I
didn't think the appropriate action was to contact the FAA.
He said he was more concerned about where I got the document.
I explained I was worried I'd be confronted by law-enforcement officers at
an airport and would run into problems because I wasn't carrying all the
documents listed in the guide.
He said this was a "guide" and "they'll be talking to us."
Further
back-and-forth made me realize he meant the officers would be in real-time
contact with Martinez's
facility during such a confrontation.
I said this might not be the case, and I mentioned the John and Martha King
incident and one recently at a St.
Louis airport, where the police thought
the aircraft was carrying a federal fugitive when in fact it contained a
lieutenant colonel in the Air Force Reserves who flew F22s.
I asked who in the DHS I should contact to get the guide corrected. He said
I could send my input to his facility.
He again mentioned his concern about my having a copy of the doc.
How do we push back against this? AOPA seems too distracted selling wine to
act on our behalf.
----------------------------------
----- Original Message -----
Sent: Thursday, April 21, 2011 10:10 PM
Subject: [LML] Re: beware, you may be searched!
Here is a copy of a fax CBP sent.
See if you can find the mistakes! I am a bit surprised they believe they can
detain you if you do not have your pilot logbook onboard. LOL!!!!
-----Original
Message-----
From: Bob Rickard <r.rickard@rcginc-us.com>
To: lml@lancaironline.net
Sent: Wed, Apr 20, 2011 11:49 am
Subject: [LML] Re: beware, you may be searched!
We were able to get a
copy of the fax that was sent to the local police. The “Tip”
came from Customs and Border Patrol in CA. And the local Police chief was
actually apologetic because he
knew it was bogus. The tip itself is BS. They made it up. IF
they had been watching me or investigating me they would have known my wife was
with me and not some dude. That is the only part that is really a
violation, they are making up an excuse to get the locals excited, and then seeing
what they find. Another example was a guy accused of transporting
computer chips that were stolen. I can imagine them making up stories
over the coffee in the morning.
How would the public
react if any Fed agency routinely made up tips so the cops would come to your
house and want to search? Imagine the news coverage. That is the
same thing going on here. If they have something on you, then absolutely
go for it. But they did not in the 3 cases we know about just at our
local airport.
The lesson you derived
is correct though. Know your rights, and also know how you can help them
do their job without violating your rights. That is the best thing you
can do (if innocent) while saying the least amount possible.
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.
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…..
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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