Guy Buchanan
Joined: 16 Jul 2006
Posts: 1204
Location: Ramona, CA
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 Posted: Mon Apr 25, 2011 9:37 am Post subject: Another LML Cross-Post re: Aircraft Inspection |
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More on aircraft inspection:
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 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
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_________________
Guy Buchanan
Deceased K-IV 1200
A glider pilot too. |
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