DHS claims pilots have no right to refuse search!

Anyone else having trouble with the AOPA link today? I had it open yesterday to print out, but now I get an error 404 not available message. Wonder if DHS already found it?
 
escapepilot said:
Anyone else having trouble with the AOPA link today? I had it open yesterday to print out, but now I get an error 404 not available message. Wonder if DHS already found it?
Click to expand...


It doesn't work for me either. Sorry I thought I had saved a copy and was going to upload it, but I cannot find it. Maybe DHS deleted it from my computer :tinfoil:
 
Hi there,
I just got"ambushed" by 12 guys from CBP(customs and Border Patrol) for a ramp check in Marathon FL. I never crossed the border,I was under IFR flight plan coming from KFXE. Can they do that? Under what law? Nothing happened, but was not a nice feeling, and just wondering under which part are they allowed to do that? I know "...authorized by the Administrator..." but in that case do they have to have a written authorization, or something of sorts???
Thank you
 
speedbreaker said:
Hi there,
I just got"ambushed" by 12 guys from CBP(customs and Border Patrol) for a ramp check in Marathon FL. I never crossed the border,I was under IFR flight plan coming from KFXE. Can they do that? Under what law? Nothing happened, but was not a nice feeling, and just wondering under which part are they allowed to do that? I know "...authorized by the Administrator..." but in that case do they have to have a written authorization, or something of sorts???
Thank you
Click to expand...

Describe the "ambush"

Guns-a-blazing or did they question you?
 
We're hearing about it happening a lot more frequently. My personal theory is that our government has become so obsessed with building this massive police state to protect us from "terrorists" that now we have a crap load of resources with nothing better to do than read my GMail and track me down in my Cessna so that the agents have something to do on their shift.

http://www.aopa.org/News-and-Video/...OPA-demands-answers-on-aircraft-searches.aspx

http://forums.jetcareers.com/threads/dhs-claims-pilots-have-no-right-to-refuse-search.177088/
 
speedbreaker said:
Hi there,
I just got"ambushed" by 12 guys from CBP(customs and Border Patrol) for a ramp check in Marathon FL. I never crossed the border,I was under IFR flight plan coming from KFXE. Can they do that? Under what law? Nothing happened, but was not a nice feeling, and just wondering under which part are they allowed to do that? I know "...authorized by the Administrator..." but in that case do they have to have a written authorization, or something of sorts???
Thank you
Click to expand...


By the way, please contact the AOPA and let them know the details. They are keeping track of this and trying to get answers, but need people to notify them when it happens.
 
rframe said:
We're hearing about it happening a lot more frequently. My personal theory is that our government has become so obsessed with building this massive police state to protect us from "terrorists" that now we have a crap load of resources with nothing better to do than read my GMail and track me down in my Cessna so that the agents have something to do on their shift.

http://www.aopa.org/News-and-Video/...OPA-demands-answers-on-aircraft-searches.aspx

http://forums.jetcareers.com/threads/dhs-claims-pilots-have-no-right-to-refuse-search.177088/
Click to expand...

Terrorists don't use Google Apps anyway.
 
speedbreaker said:
Can they do that? Under what law?
Click to expand...

19 U.S.C. § 482 is a Federal law granting CBP the authority to conduct searches without any warrants or suspicion. While this is a Federal Law, I don't believe the Supreme Court has ever considered it, so until a test case makes it there, who knows how legal it is.

It also applies to "Functional Border Equivalents" (airports), and there is a provision for "Extended Border Searches" (which would seem to include the entire state of Florida.

For it to apply, they must believe it is "highly probable" that you in fact crossed a border, based on the news lately, that is somewhat dubious.

speedbreaker said:
Nothing happened, but was not a nice feeling, and just wondering under which part are they allowed to do that? I know "...authorized by the Administrator..." but in that case do they have to have a written authorization, or something of sorts???
Thank you
Click to expand...


No, they can pretty much do whatever they want at this point. Send the ACLU a few bucks and write them a letter if you don't like it. I already have.
 
A year ago we were having some fun over the mountains of Maine very close to the Canadian border. I was in the air over the airport and was wondering why the hell two other planes are silent and still on the ground. A low pass revealed a white striped SUV then the radio said there is a border patrol and wants to talk. I landed two armed guys approached flashed a badge and politely explained why they are here. Nothing intrusive we all handed them aircraft paperwork and IDs. Made a good laugh of it and learned something. The cbp guys were locals and really cool.
 
Happened to me 3 times in a matter of 13 days in ELP. No guns involved and only 2 or 3 officers but the first ramp checks of my life, all done by border patrols guys. All domestic flights. They told me due to the budget cuts, there flying has been cut, and have been asked to conduct ramp checks. On the second time, they knew that they had already got me the week before.
 
rframe said:
We're hearing about it happening a lot more frequently. My personal theory is that our government has become so obsessed with building this massive police state to protect us from "terrorists" that now we have a crap load of resources with nothing better to do than read my GMail and track me down in my Cessna so that the agents have something to do on their shift.

http://www.aopa.org/News-and-Video/...OPA-demands-answers-on-aircraft-searches.aspx

http://forums.jetcareers.com/threads/dhs-claims-pilots-have-no-right-to-refuse-search.177088/
Click to expand...

Maybe the government is getting smart and figuring out the real terrorist threat isn't overseas.
 
rframe said:
Well when the cash cow that is "defense and security" depends on perceived threats, they sure as heck better keep inventing new problems to keep the system alive.
Click to expand...

If you thought that the military-industrial complex was bad, let's talk about the intelligence-defense-Homeland Security complex.

Meanwhile, there aren't nearly enough textbooks in schools...
 
Let's spend more billions on the Wall between US and Mexico, The fear I would have crossing from Canada is be shot by MJ mules.
Meanwhile a dozen illegals dropped off in a dinghy at night on several thousand miles coastline
has a better chance of success, to my way of thinking.
 
My usual response to petty tyrants is "EFF yourselves and don't act entitled to answers."

Now if they want to act civilized I will cooperate. Of course last time I was nice and accommodating, I ended up getting screwed.

Sent from my DROID RAZR using Tapatalk 2
 
You must log in or register to reply here.
Back
Top