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Posted

Congress should be concerned! Another example of the feds throwing away the constitution. Even the field agents should know better, regardless of what their bonehead supervisors say. Hmmm, lets go back to say, day 3 of the academy and the 4th amendment.

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Posted

Congress should be concerned! Another example of the feds throwing away the constitution. Even the field agents should know better, regardless of what their bonehead supervisors say. Hmmm, lets go back to say, day 3 of the academy and the 4th amendment.

Is that what they taught on day 3 of the academy you attended?

Posted

I would suggest reviewing the renters agreement. Who has absolute authority of the aircraft in a situation like this? Is it the owner or the renter(PIC)? I'm going to guess that, because this is virgin territory for GA, that it needs to be considered. If I were the owner, and you allowed the feds to pull this sh*t and search my aircraft without my permission, it would be the last time you flew my aircraft. If the FAA wants to perform a ramp check, then comply. If the feds want to test their authority without the FAA, call the local FSDO and ask for assistance/representation. A common factor in the instances that I have read about, mentions intimidation and assumption of compliance based on fear. Learn and know your rights and responsibilities and have your Go Pro camera rolling when and if it does happens. On a lighter note, does anyone have the handy AOPA flash card that tells you how to handle these situations? I've heard it mentioned but haven't seen it myself.

Posted

Is that what they taught on day 3 of the academy you attended?

Hell, that was so long ago I don't even remember! I think day 3 was some DI yelling in my face about threads on my uniform! But at some point, yes, we had some lengthy discussion reviewing each of the constitutional amendments and how they apply to LE. Specifically on the 4th since it so applies. Sorry about being worked up, but yes, I think the whole thing is a crock of sh*t. If I wanted no rights, I would move south.

Posted

Goldy,

 

If you are an LEO, then it's interesting that your aren't aware of how this works and how the constitution would apply in these situations. Are you in a position where you work with federal agents, narc task forces or JTTFs? What LE can and can't do in these situations has been pretty well established by case law. None of this is new.

Posted

I would suggest reviewing the renters agreement. Who has absolute authority of the aircraft in a situation like this? Is it the owner or the renter(PIC)? I'm going to guess that, because this is virgin territory for GA, that it needs to be considered. If I were the owner, and you allowed the feds to pull this sh*t and search my aircraft without my permission, it would be the last time you flew my aircraft. If the FAA wants to perform a ramp check, then comply. If the feds want to test their authority without the FAA, call the local FSDO and ask for assistance/representation. A common factor in the instances that I have read about, mentions intimidation and assumption of compliance based on fear. Learn and know your rights and responsibilities and have your Go Pro camera rolling when and if it does happens. On a lighter note, does anyone have the handy AOPA flash card that tells you how to handle these situations? I've heard it mentioned but haven't seen it myself.

BB

 

Here it is:

 

http://www.aopa.org/-/media/Files/AOPA/Home/News/All%20News/2013/June/CBPGuidelinesKneeboard.pdf

 

 

Mike

Posted

Goldy,

 

If you are an LEO, .

27 years and yes, I've worked with the feds once or twice, not by choice. I don't work the areas I used to years ago, I'm one of the good guys now.....but I still think these fed stops are just harassment and plain illegal....even by the feds rules, which as I'm sure you know, they think they have no rules.

  • Like 1
Posted

I would suggest reviewing the renters agreement. Who has absolute authority of the aircraft in a situation like this? Is it the owner or the renter(PIC)? I'm going to guess that, because this is virgin territory for GA, that it needs to be considered. If I were the owner, and you allowed the feds to pull this sh*t and search my aircraft without my permission, it would be the last time you flew my aircraft. If the FAA wants to perform a ramp check, then comply. If the feds want to test their authority without the FAA, call the local FSDO and ask for assistance/representation. A common factor in the instances that I have read about, mentions intimidation and assumption of compliance based on fear. Learn and know your rights and responsibilities and have your Go Pro camera rolling when and if it does happens. On a lighter note, does anyone have the handy AOPA flash card that tells you how to handle these situations? I've heard it mentioned but haven't seen it myself.

The AOPA card in question. This advertisement for the AOPA Legal Plan is brought to you at the expense of a lifetime membership to same.

The short answer is no LEO has the right to search your plane without consent or a warrant. You should be respectful but mention, and have them take note, that you do not consent to the search.

Of course, they might detain you and the aircraft until that warrant is produced.

CBPGuidelinesKneeboard.pdf

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