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Posted

Well Ladies/Gentlemen,


My "new" Bravo was delivered to my airport today. I have two hangars. Earlier in the day, I went to take a few parts of my sailboat, that I also store in #7, so that my Arrows wings would clear it, moved the Arrow from #38 (where all my tools, headsets, etc are stored) to #7 to make space for for the Bravo. Sat around the airport for another hour watching flightaware, waiting for Bravo to make it to its new home.


When the Bravo landed, I drove out onto the ramp, waved to the delivery pilot to follow me to the hangar and we did just that. The second he shut down the engine, a big SUV shows up and then a little junky car. Two guys dressed more or less casual (actually, one looked like a hobo) jump out, ask us what is going on. I'm going, ha? He shows his homeland security badge and starts asking questions, asking to search the airplane, separates me from the delivery pilot. Ask for ID, tells me to go sit it my truck, then the other guy flips out because I go sit in my truck. I gave him my ID, then he asks me how long I lived at my address, at which point I tell him I am not going to answer any more questions. He tells me to go stand by his car, btw, it's raining. 


For next hour he keeps on searching the airplane, searching my car, asking me questions. Here is the best one "Do I know anything about narcotics?". What kind of question is that? How open ended. Why just not ask me if I know anything about Osama?


Finally a local sheriff arrives, brings out a dog, that jumps all over the airplane, stratches the paint on the wings and ailerons, etc and then they just go away, no I'm sorry, no nothing. So what do I do about the scratches?


Apparently all becuase I drove onto the ramp (I do it all the time, not illegal, no fence, no gate) and the airplane was non one someone at the FBO's recognized so they called these guys. I am going to tear a new one to the owner of the FBO on Monday and unless I get an appology, I will move my airplanes somewhere else.

Posted

I'm no lawyer, but i'm pretty sure in order to search your car or "new" airplane the authorities need a warrent or probable cause.  If I were you I'd consult with an aviation attorney and see about being reimbursed for the damage.  AOPA legal offers a free consult if you pay the 50-ish bucks to join.

Posted

I wouldn't have let him search my car or airplane without warrant or making it clear there was probable cause. The Constitution is there to limit government, not people. You had every right to Refuse to allow them to search. If they continued, they could/should be in hot water. 

Posted

I would definately get a lawyer.  Did you get the names of the individuals that searched your plane?  I would get estimates on how much it will cost to fix and then go down to the local sherif's office and present him the bill.  Maybe go to the media as well.  I am pretty sure your rights were violated.  Just one more example of this country turning into a police state.  When I hear stuff like this it really pisses me off. 

Posted

I would make as big of a deal as you can on this......reminds me of that time that the John and Martha King were surrounded by SWAT....guns drawn when they landed because the police thought they were drug runners or something like that.  In my opinion they were way to nice about it. 

Posted

Quote: aerobat95

I am pretty sure your rights were violated.  Just one more example of this country turning into a police state.  When I hear stuff like this it really pisses me off. 

Posted

I'm no attorney (Jim Ole' Buddy....) but I believe if they ask you and you consent to a search, they're in the clear for searching.


They (HL Security) do sound like a bunch of federal employees that didn't have much going on on a Saturday and decided to make their day interesting. But I didn't know homeland security was tasked with the "War on drugs".

Posted

I’m assuming you declined to allow the law enforcement officials access to the interior of your aircraft. As such, a K-9 unit was called.  You have no expectation or right to privacy at the exterior of any conveyance.  It’s perfectly legal for a trained K-9 to be run around the exterior of your vehicle.  If the K-9 would have alerted to the exterior of the conveyance that would have been the “probable cause” the police needed to get into your vehicle/aircraft. I have been a law enforcement officer for over 15 years.  If I had nothing to hide I would have let them in the plane simply because I know that if I would have said ‘NO” the dog would then come and mess up my paint.  I feel your pain and good luck on getting some type of reimbursement.  If local police were involved you don’t need to FOIA information.  Just go to the police department and get a copy of the report (if there even is one) as it’s public record.

Posted

Jim, I'm sorry but what happen to astelmaszek is just wrong. I expect our law enforcement agencies to be professional and have done their due diligence before intervening. Iowa is a long way from the boarder of this country even in Parker’s Mooney. I would guess that the transponder was spawking at least 1200 and there was enough time to figure out who that transponder was registered to.  An N number lookup on my iPhone takes less than a minute which could have been done while the aircraft was taxing.  These guys didn’t act like trained professionals.  If people don’t speak, abuses like this will just get worse.  I encourage astelmaszek to seek legal counsel and seek compensation for both punitive and physical damages.

Posted

Quote: JimR

The entity that you were dealing with was almost certainly Customs and Border Protection, or CBP, which is indeed part of the Department of Homeland Security.  Any redress that you seek or Freedom of Information Act request that you file should be directed at them specifically, probabaly at their HQ level.  They have a legimate and important anti-narcotics, terrorism, and human smuggling mission, but unforunately their tactics sometimes seem to us law-abiding pilots to be better suited for the border than the friendly American airport here in the "Homeland".  Also, unfortunately, all of us pilots are not law abiding, which is where the problem arises. 

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