AOPA demands answers on aircraft searches

[CWOJackson]

With a growing number of reports from law-abiding pilots stopped by armed federal agents on the ramp, their aircraft searched by federal agents, the U.S. Department of Homeland Security Customs and Border Protection remains silent, and outrage is building. AOPA is questioning CBP’s authority to conduct the searches, and demanding a response from officials at the highest level. There has been no meaningful response to date from CBP to Freedom of Information Act requests filed months ago by AOPA and affected pilots.


“We don’t even know why they’re being stopped,” said AOPA General Counsel Ken Mead, adding that the association will press the issue until satisfactory answers—or a change in policy—are forthcoming. "We're not going to let this go with just lip service," Mead said. “The agency either has to stop its behavior or we’re going to need to elevate it to Congress.”


Innocent pilots who have been targeted for search but not charged with a crime may never get an opportunity to challenge a potential violation of their constitutional rights in court, since there is never a trial in such cases, and civil action against the federal government is cost-prohibitive for most. Federal law requires a timely (and meaningful) response to a Freedom of Information Act request, but CBP, unlike some state and local agencies, has told AOPA not to expect any response to a Feb. 12 request for at least six months.


“We were given no justification for such extreme delinquency in meeting the statutory requirement to respond within 20 business days,” Mead wrote a June 19 letter (http://www.aopa.org/-/media/Files/AOPA/Home/News/All%20News/2013/June/CBPWinkowski20130619.pdf)to acting CBP Commissioner Thomas S. Winkowski. “If CBP does not respond to our request and produce the required information and documents by July 20, 2013, this letter serves as notice that we will pursue such other remedies as available at law and advise the appropriate members of Congress and congressional committees of this matter and seek their intervention.”

More at....http://www.aopa.org/News-and-Video/All-News/2013/June/19/AOPA-demands-answers-on-aircraft-searches.aspx?CMP=ADV:1

[rdaniell]

I've been a member of AOPA for over 30 years. I really don't even like to think what would happen to all aspects of General Aviation, especially civil rights of pilots, were it not for organizations like AOPA and EAA.

The "sheep" are getting more afraid. The "sheep dogs" are dying off and not being replaced. And finally, the "wolves" are getting bolder.

RD

[Howellerman]

The "sheep" are getting more afraid. The "sheep dogs" are dying off and not being replaced. And finally, the "wolves" are getting bolder.

RD

Unfortunately, I have to agree, 100%.

[pfflyers]

When I first heard about this the justification was smuggling interdiction. Anyone who has ever driven across the border, or even near the border in some cases, knows how "law-abiding" citizens are stopped and searched without any apparent probable cause. Is this program really that different?

[stansdds]

The fourth amendment guarantees citizens the right to not be searched unlawfully, but now we are told that the fourth amendment, and presumably all rights, are not granted to anyone entering the U.S. from a foreign nation. Given that, and even if we accept the concept that no one has rights as they enter the U.S., a number of these aircraft had not been outside of the U.S. and were a long way from the border.


Silverstein and other pilots have been stopped and detained more than once by CBP agents operating well inland of the borders, targeting for invasive searches aircraft that never came close to crossing a border.

[TeaSea]

I think that's the problem here. When crossing a border you are giving consent to a search, so the search is therefore legal. None of these pilots have done that, therefore any attempt to search without consent would make that an illegal search.

The other issue here is that Federal officials are attempting to co-opt FAA authorities. Now, under the FAR, a pilot must present their pilot's license, medical certificate, and logbook upon a "reasonable" Request of an FAA administrator, NTSB, or any Federal, State, or local law enforcement official. Oddly enough, you don't have to even have the logbook on you, just have access to it in a "reasonable" time. The term "reasonable" is obviously open for interpretation.

Note, no mention in the FAR is made about a search. Given lack,of probable cause or "hot pursuit" we can assume that any search made without consent is unlawful.

in these cases officials have either failed to identify themselves (illegal) or have asserted authorities they do not have (also illegal). Typical is that they are insisting that each flight requires a weight and balance, which is flat out wrong.

Most of these guys have no idea how to read a weight and balance, or a pilot logbook for that matter.