5 O, do these guys need a warrant to do this kind of search?
I would be inclined to tell them to suck wind unless they've got paperwork. LEOs CAN ask to see your pilot certificates, AC registration, ect. However I was under the impression that they still need a warrant and/or probable cause to search the inside of your airplane.
I guess I should add that if a SWAT team comes running at my airplane I'll comply with whatever they say to do, and complain latter.
The 4th Amendment has a clause for we in the CBP, Border Patrol, ICE, and USCG. It's called the Border Search clause. That clause exempts us from needing a warrant or probable cause to search items at the border (or functional border equivilent, ie- an international airport or entry). This law stems from the country's inherent right to protect itself and its borders. Privacy and non-routine searches, such as body cavity or strip searches, must be supported by Reasonable Suspicion at a minimum, and probable cause in some cases. If the officer develops reasonable suspicion or probable cause of a crime, he may make an investigative detention or an arrest.
If there's reasonable certainty of a border nexus (ie- that the object/persons in question crossed the border or had contact with someone/something that crossed the border), reasonable certainty that there's been no material change since the border crossing(contact with other persons, etc), and reasonable suspicion of criminal activity; then an
extended border can be established, and you can be searched anywhere, geographically speaking, as if you were at the border itself.
However if they ask "Can we look inside your plane?", my answer is "not unless you've got a warrant." I didn't cross the border, so customs has no right to inspect anything. It's a pt 91 flight, so not even the FAA can look inside if I say no.
See above. If the above criteria are met, then a search can be made. If theres nothing to build a case on, then search is terminated and person/objects must be released. Remember too on "look inside", anything in what's known as "plain view" is fair game if there's PC that it may be contraband.
In the same vein, "Open Fields" doctrine allows warrantless searches of open fields, waters, pastures, etc; on the grounds that there's no reasonable expectation of privacy. "Curtilage" is exempted....that is, the open areas immediately surrounding a residence; as there is reasonable expectation of privacy to what's going on in the residence, and this area is an extension of that;
Exigent Circumstances notwithstanding. Motor vehicles may be searched if PC or RS exists for a traffic stop, and in addition to Plain View, anywhere that could hide a weapon could be searched. Additionally, with PC, a vehicle can be searched (with some exceptions and clauses). And, of course, you can be searched as part of search incident to arrest.
All of this is a very small part of the 4th Amendment, the tip of the iceberg, but some of the more common parts of it people encounter....both LE as well as public.
