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Guy Buchanan
Joined: 16 Jul 2006
Posts: 1204
Location: Ramona, CA
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 Posted: Sat Apr 23, 2011 8:13 pm Post subject: Liberty and the Pursuit of Happiness - Part 1 |
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Dear Kitfoxers,
I have been following a thread on the Lancair list called "[LML] Re: beware, you may be searched!". I have selected the substantial entries and copied them below. None of them are mine. There is no attribution or time or anything but the for the first entry on 4/19. It has nothing directly to do with building Kitfoxes but a lot to do with flying them. I do not provide this information to generate a lot of government hate mail, nor am I really looking for constructive suggestions. I think this information needs to be spread as far and wide as possible, with as much publicity as possible, to make sure the public knows what's going on.
Thanks,
Guy Buchanan - List moderator
Ramona, CA
Kitfox IV-1200 / 592-C / Warp 3cs / 500 hrs. and grounded
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On Apr 19, 2011, at 3:13 PM, Bob Rickard wrote:
Fellow LML’ers
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…..
Bob Rickard
IV-P
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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check this out... they even show us how they are doing it. we are all suspects....
http://nemo.cbp.gov/opa/videos/2010/amoc/amoc.wmv
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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.
Bob R
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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 unless a warrant is served. A warrant must be signed by a judge based 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 consensual search. If they ask for a consensual search and you give it then you 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 tell you are free to leave-- then leave.
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 is 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 reason 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 CBP wants to know.
If you want to fly to Mexico, Canada or the Bahamas you must get permission from CBP to leave the country. Yes permission to LEAVE.
Beware and fly safe.
Jeff Edwards
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_________________
Guy Buchanan
Deceased K-IV 1200
A glider pilot too. |
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gpabruce(at)gmail.com
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| Posted: Sun Apr 24, 2011 6:07 pm Post subject: Liberty and the Pursuit of Happiness - Part 1 |
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Let me add a comment or two . . . Most of us never rock the boat and fall
out of the water but let me tell you, Bob got off nice and easy. I just had
an experience with the local police in Henderson NV and found out how
corrupt they really are all the way from the parking lady to the Mayor and
they are open and unashamed of it. After my incedent where an officer burst
into my house without probable cause or reasonable suspicion. I made
appointments to see every one, the Captain, the Chief, my Council Woman and
then the Mayor and the IAB . . . what a joke, they all knew, they thought it
was quite funny, they opening laughed, even IAB, knowing there was little I
could do. I asked to start a Citizen Revue Committee and they acked as if
they never heard of one. After I asked each about it and they denied knowing
about it, I pointed them to the NRS that covers it. Unfortunetly we can not
mandate them to put one in place. As I'm learning more and more about it,
the places that do have them have trouble keeping members and leaders since
the cops seem to find bad stuff on them and in their homes, drugs and such
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