Ramped by 2 airport cops and 2 sheriffs. . .Accused me of a Felony!!!! No Kidding

[satpak77]

iflyabeech

iflyabeech:

What state did this occur in?

 

[FN FAL]

Stay out of trouble in the first place.....then

1) Never ever give consent

2) Be politefully cooperative but stupid. "Gosh officer, I want to help you out, but I think this is sum-thin for my lawyer."

3) Request an attorney IMMEDIATELY if the interview changes gears from "pleasant" to interoggative and you in your heart know you might be guilty of something. You can ask for an attorney at ANY TIME, it has nothing to do with Miranda.

And if they hit you with the, "But everybody else gives consent to search when we ask!"

The answer is a polite and simple, "I can't speak for everybody else, officer. However, I can speak for myself and the occupants of that car."

 

[satpak77]

And if they hit you with the, "But everybody else gives consent to search when we ask!"

The answer is a polite and simple, "I can't speak for everybody else, officer. However, I can speak for myself and the occupants of that car."

correct

 

[atrdriver]

actually law enforcement can take it, if empowered to do so under state laws. If you think "they can't" go ahead and refuse to give it to them, and we will see who wins that battle.

I believe that you are incorrect. An airmans certificate is issued by the federal government, and the FAR's have a way to get it revoked. I don't think that any state would make a law empowering them to seize an airmans certificate, just because it is a federally issued document. A DL is a different story.

 

[satpak77]

I believe that you are incorrect. An airmans certificate is issued by the federal government, and the FAR's have a way to get it revoked. I don't think that any state would make a law empowering them to seize an airmans certificate, just because it is a federally issued document. A DL is a different story.

You bring up valid observations however you are not correct. Say a soldier is coming home from the bar, weaving down the road, possible DUI, and gets stopped by the highway patrol. He does not have a DL on him, however he DOES have his military ID, you can bet your sweet fanny that the trooper involved will bring that to his car so he can call dispatch for records checks, etc.

EDITED

I re-read your earlier post about "take it but must give it back to you" and based on the point you made about "federally issued document" type stuff, I would say that the state/local could not seize it unless you were under arrest, then the seizure would be incident to arrest and go into personal inventory along with your belt, cell phone, wallet, etc before you are put in the jail cell. If not under arrest, then that is a gray area that only the courts could decide. You are dealing with an 1) FAA issued document, to 2) Operate an airplane into public airports with state/local law enforcement presence, with 3) State laws requiring possession of an airmens certificate.

So if a law enforcement officer physically takes and then holds your pilot's license from you, while you are "cut loose", this is likely an illegal seizure and something only the courts could decide on, based on the circumstances.

If the item seized is part of evidence in a criminal prosecution, the seizure was legal.
good points you made

later

 

[FN FAL]

I happened to be digging through North Carolina statutes and found this...even a prospective passenger has the right under law to demand to see a pilot's license...

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_63/GS_63-21.html

§ 63‑21. Possession and exhibition of license certificate.
The certificate of the license, herein required, shall be kept in the personal possession of the licensee when he is operating aircraft within this State and must be presented for inspection upon the demand of any passenger, any peace officer of this State, or any official, manager or person in charge of any airport or landing field in this State upon which he shall land. (1929, c. 190, s. 12.)

 

[Hold West]

I happened to be digging through North Carolina statutes and found this...even a prospective passenger has the right under law to demand to see a pilot's license...

Most states do - if you'll look, you'll see the snippets I quoted above from Minnesota and Texas included that provision.

 

[FN FAL]

Most states do - if you'll look, you'll see the snippets I quoted above from Minnesota and Texas included that provision.

Now we're up to three states. And I did see those, by the way.

What have we learned? That any law, whether federal or state, is written down somewhere and is a fact that can be referenced by anyone that has a computer or the ability to access a public library.

 

[Hold West]

Now we're up to three states. And I did see those, by the way.

What have we learned? That any law, whether federal or state, is written down somewhere and is a fact that can be referenced by anyone that has a computer or the ability to access a public library.

Ain't democracy, and the Internet, grand?

 

[AA717driver]

So, I guess this municipality has already done away with the meth labs, crack dealers, child molestors and every other criminal enterprise that SHOULD take precedence over an airplane with the wrong registration?

Kind of like those Nazis in TX going into a bar and busting people for being intoxicated on the premise that they will eventually drive home. Good police work. Really nipping crime in the bud.

Sorry, I lost any respect for cops when the various SWAT units (read SEAL Team wannabes) stood in the parking lot at Columbine H.S. arguing about who had the authority to run the operation.

If my kid had been one of those who bled out while that clusterf%@k was happening outside, I'd never rest until they were all working as Wal-mart greeters.TC