FlyingMonkey Posted July 26, 2013 Report Share Posted July 26, 2013 Hey guys, I just made a long-ish post on the Sportpilottalk board about the recent militant detentions of pilots by law enforcement. It occurs to me folks here could benefit as well, so here is the post: ------------------------------- Having been a police officer, I will state without hesitation: 1) Never volunteer information to a Law Enforcement Officer (LEO) 2) Never consent to a search of yourself, your bags, effects, or vehicles by a LEO. Make them get a warrant or state their probable cause for the search. "You won't give me permission to search, that is suspicious" is not probable cause. Neither is "You just look shifty." Probable cause must be SPECIFIC and REASONABLE. If they decide to search without permission or cause, let them. It will get thrown out of court if they find anything. And in accordance with rule (1), keep your mouth shut and volunteer nothing. LEOs will attempt to bully you, by saying things like "I can keep you standing here for three hours while I get a warrant if you prefer." My answer would be: "Go get it." Often this is a bluff to get you to give consent to search where no cause exists; if they have such an iron clad case that they can get a warrant easily, let them go get it. Of course, if they had probable cause, they would not NEED the warrant... LEO's will often trick you by saying things like "Open the trunk, I'm going to look inside." This sounds like a demand, but in reality is is a request for consent. The proper response is "no sir, I do not consent to any searches." If he has cause he will go through the bag/trunk/whatever without your consent. MAKE THEM DO IT. Don't open anything for them. If they don't have proper cause, they might start talking about what are you hiding, why are you being evasive, or even start yelling at you. Be polite and stand your ground. Just keep repeating "I do not consent to any searches." 3) Ask the LEO if you are being detained, or if you are free to go. If he says you are free to go, this is a voluntary encounter. GO. If you are being detained, ask why and keep asking why until you get an answer. 4) If a LEO reads you your rights or states you are under suspicion for a crime, say "I want to speak to my lawyer" and THEN SAY NOTHING ELSE. They must stop questioning you at that point, but any statements you make can still be used against you, so DON'T MAKE ANY!!! All of the above advice applies anywhere, including aircraft. The difference is you are required by the FARs to present your pilot's license to any LEO asking to see it while involved in flight operations. You also have to show FAA your AROW docs if asked (ramp check). Other than that, an aircraft is like any other vehicle. Talking to LEOs can NEVER help you, and can often harm you legally. If you don't believe me, listen to a law school professor and a seasoned police detective:[/size][/background][/size][/font] http://www.youtube.com/watch?v=6wXkI4t7nuc Good Luck! Link to comment Share on other sites More sharing options...
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