On Apr 22, 2011, at 1:56 = PM, Kent wrote:

i passed the copy to a friend and = here is what he=20 wrote back:

I just called that number, 866-247-2878.

I was handed off to = Tony=20 Martinez <sp> who said he was an aviation
enforcement = specialist at=20 the Air and Marine Operations Center in Riverside, =
Calif.

Based on=20 the beeping I heard on the line, I assume the telephone call was=20
recorded.

He wanted to know who I was and who I represented = or was=20 "with."

I gave him my first and last name and said I'm simply a = pilot in=20 Florida.

The Reader's Digest version of our conversation, taken = from=20 memory:

I explained I had some questions about a document -- the = one in=20 question --
and read its title to him.

He asked where I = got the=20 document.

I said someone gave it to me. More importantly, I = added,=20 several of the six
document requirements are almost certainly = incorrect,=20 mentioning #5 (pilot's
logbook) and #6 (Form 337). I pointed out = these=20 aren't FAA requirements.

He said Form 337s are paperwork for=20 modifications to the aircraft and must
be in the aircraft.

I = said I=20 thought the only Form 337 that must be carried in the aircraft was =
one for=20 the installation of extra fuel tanks.

He said I should contact = the FAA=20 with my concerns.

I said this is a Dept of Homeland Security = guide, not=20 an FAA document, so I
didn't think the appropriate action was to = contact the=20 FAA.

He said he was more concerned about where I got the=20 document.

I explained I was worried I'd be confronted by = law-enforcement=20 officers at
an airport and would run into problems because I wasn't = carrying=20 all the
documents listed in the guide.

He said this was a = "guide" and=20 "they'll be talking to us." Further
back-and-forth made me realize = he meant=20 the officers would be in real-time
contact with Martinez's facility = during=20 such a confrontation.

I said this might not be the case, and I = mentioned=20 the John and Martha King
incident and one recently at a St. Louis = airport,=20 where the police thought
the aircraft was carrying a federal = fugitive when=20 in fact it contained a
lieutenant colonel in the Air Force Reserves = who flew=20 F22s.

I asked who in the DHS I should contact to get the guide = corrected.=20 He said
I could send my input to his facility.

He again = mentioned his=20 concern about my having a copy of the doc.

How do we push back = against=20 this? AOPA seems too distracted selling wine to
act on our=20 behalf.

----------------------------------

----- Original Message -----

From:=20 vtailjeff@aol.com

To: lml@lancaironline.net

Sent: Thursday, April 21, 2011 = 10:10=20 PM

Subject: [LML] Re: beware, you = may be=20 searched!

Here is a copy = of a fax=20 CBP sent. See if you can find the mistakes! I am a bit surprised they = believe=20 they can detain you if you do not have your pilot logbook onboard.=20 LOL!!!!

Jeff

-----Original=20 Message-----
From: Bob Rickard <r.rickard@rcginc-us.com>To:=20 lml@lancaironline.net
Sent: = Wed,=20 Apr 20, 2011 11:49 am
Subject: [LML] Re: beware, you may be=20 searched!

We were able = to get a copy=20 of the fax that was sent to the local police. The =93Tip=94 came = from=20 Customs and Border Patrol in CA. And the local Police chief was = actually=20 apologetic because he knew it was bogus. The tip itself = is=20 BS. They made it up. IF they had been watching me or = investigating=20 me they would have known my wife was with me and not some dude. = That is=20 the only part that is really a violation, they are making up an excuse = to get=20 the locals excited, and then seeing what they find. Another = example was=20 a guy accused of transporting computer chips that were stolen. I = can=20 imagine them making up stories over the coffee in the morning. =20=

How would the = public react=20 if any Fed agency routinely made up tips so the cops would come to = your house=20 and want to search? Imagine the news coverage. That is the = same=20 thing going on here. If they have something on you, then = absolutely go=20 for it. But they did not in the 3 cases we know about just at = our local=20 airport.

The lesson you = derived is=20 correct though. Know your rights, and also know how you can help = them do=20 their job without violating your rights. That is the best thing = you can=20 do (if innocent) while saying the least amount possible.

Bob=20 R

From: Lancair = Mailing=20 List [mailto:lml@lancaironline.net] = On=20 Behalf Of William Wilson
Sent: Wednesday, April 20, 2011 = 7:05=20 AM
To: lml@lancaironline.net
Subj= ect:=20 [LML] Re: beware, you may be searched!

Seems pretty = standard to=20 me. They checked out a tip that proved to be bogus. I = don't see=20 any rights violations here or anything out of the ordinary.

The = main=20 lesson IMO is that, while there are plenty of cops who abuse power, = for the=20 most part if you behave in a civilized manner and realize they are = just trying=20 to do their job, most of them will treat you fairly. That seems = to be=20 what happened here.

On Tue, Apr 19, 2011 at 4:13 PM, Bob Rickard = <r.rickard@rcginc-us.com>=20= wrote:

Fellow LML=92ers

It seems inevitable that the govt will search you at = some=20 point. Just some info on what happened to me yesterday, you can=20= hopefully use this to react appropriately for your situation. = This is=20 the third incident just at our little airport in Missouri of this=20 happening=85..

Bob Rickard

IV-P

On 18 April, 2011, I filed IFR from KGEU to K1H0 = direct, with=20 my wife on board. At 0845L, I departed KGEU VFR and picked up my = filed=20 IFR clearance to K1H0 at FL210 with ABQ center. The flight was=20= uneventful and I cancelled IFR approximately 10 miles from K1H0 with = St. Louis=20 Approach and landed at 1443L. Upon landing and taxi to my hanger = (P3) at=20 Creve Coeur Airport, I was surrounded by 6 Maryland Heights Police = cars and=20 about 10 officers. I exited the plane and was approached by the=20= supervisor and asked if I had any identification. I produced my = military=20 ID (I am a LtCol in the Air Force Reserve flying F-22=92s) as well as = my=20 driver=92s license, and asked the supervisor what the problem = was. He told=20 me that he got a =93tip=94 from the Federal Government that there may = be a federal=20 fugitive on board by the name of Robert Mcrae. He wasn=92t sure = of the=20 name and asked me if I knew anyone by a name similar to that, to which = I=20 answered =93no=94 to all. He also stated that he was surprised = to see a=20 woman in the plane with me since his informant said there would be two = men in=20 the plane. I inquired as to who would give a tip like that, and = he was=20 vague. A this point my wife exited the plane and was asked to = produce=20 her ID as well and was questioned as to what we were doing and where = we were=20 going and where we came from. It was apparent to the = supervisor=20 pretty quickly that my wife and I were not federal fugitives as they = ran our=20 ID=92s, but he asked to search the airplane anyway. I told him = that I was=20 aware of my rights and he could not search anything without a warrant, = and he=20 was quick to add =93or your permission=94 and =93I could have the dogs = come=20 out=94. (side note =96 they don=92t need a warrant to have the = dogs check out=20 your aircraft =96 if the dogs find something and indicate, then they = have=20 probable cause to search you without a warrant. If the dogs find = nothing=20 they cannot search your aircraft until a warrant is issued). I = told him=20 that I would play nice, had nothing to hide, and that my plan was to = take my=20 belongings out of the airplane and put them in my car to go home, and = I would=20 allow him to see what I took out and visually see inside the cockpit = and=20 baggage compartment, but I was not allowing a search of the = airplane. He=20 agreed to this. I took my 2 pieces of luggage out of the back and = showed him=20 the contents briefly (not a complete search but opened up the zipper = and=20 showed clothes on top) as well as the couple of vases we had bought in = Phoenix=20 and lunch/sodas we had in the cockpit. They saw nothing of = interest and=20 returned my wife=92s ID, but kept mine and made further calls. = The=20 supervisor indicated =93I=92m on overtime, I am outta here=94 and = left, but another=20 officer checked with =93EPIC=94 (unsure of the spelling) which he told = me was an=20 international consortium that traded information on travel, etc. = He told=20 me he was aware of my trip earlier this year to Mexico and the Cayman = Islands=20 (honeymoon cruise) but there was nothing to get me in trouble. = He then=20 returned my ID and let us go.

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