Operation Pegasus - FAA Helping Law Enforcement

Discussion in 'Hangar Talk' started by kkoran, Nov 6, 2020.

  1. kkoran

    kkoran Cleared for Takeoff

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  2. Capt. Geoffrey Thorpe

    Capt. Geoffrey Thorpe Touchdown! Greaser! PoA Supporter

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  3. steingar

    steingar Taxi to Parking

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    At least they’re catching lawbreakers, unlike the TSA and other assorted alphabet security agencies.
     
  4. sourdough44

    sourdough44 Pattern Altitude

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    I don’t think they’ll catch me doing anything, cuz I ain’t. I don’t plan on allowing any search though, they can peek through the windows.
     
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  5. Daleandee

    Daleandee Cleared for Takeoff

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    Years ago when I went for my check ride my DPE asked me if I should allow a search during a ramp check. "Sure, I got nothing to hide" I said. I was then warned that I should never agree to a search. "If they don't find what they are looking for they might find what they weren't looking for" he replied.

    But as you stated, I'm always working to be in compliance, obey the law, and play by the rules. I agree ... they can look through the plexiglass!
     
  6. Getonit

    Getonit Pre-takeoff checklist

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    What is the legal basis for telling them to pound sand on an inspection legally? And reasonably pilotely.
     
  7. MauleSkinner

    MauleSkinner Final Approach

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    What is the legal basis for a “search” during a ramp check?
     
  8. Doc Holliday

    Doc Holliday Pattern Altitude

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    Who? The FAA or the LEO?
     
  9. Kelvin

    Kelvin En-Route

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    Either.

     
  10. Capt. Geoffrey Thorpe

    Capt. Geoffrey Thorpe Touchdown! Greaser! PoA Supporter

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    If they think they have a sufficient reason to search your aircraft, they are going to search in spite of any suggestions about sand pounding.
    If they are asking for permission, it's because they don't think they have a legal basis for the search.

    I ain't no lawyer.
     
  11. Doc Holliday

    Doc Holliday Pattern Altitude

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    As far as the FAA is concerned, if they want to inspect beyond an simple ramp inspection, and the owner says no, then all the FAA needs to do is leave and send a LOI (Letter of Investigation) citing 49 USC 44709

    (a) Reinspection and Reexamination.—

    (1) In general.—
    The Administrator of the Federal Aviation Administration may reinspect at any time a civil aircraft, aircraft engine, propeller, appliance, design organization, production certificate holder, air navigation facility, or air agency, or reexamine an airman holding a certificate issued under section 44703 of this title.

    airman under paragraph (1) the Administrator shall provide to the airman
    (A)
    a reasonable basis, described in detail, for requesting the reexamination; and

    (B)
    any information gathered by the Federal Aviation Administration, that the Administrator determines is appropriate to provide, such as the scope and nature of the requested reexamination, that formed the basis for that justification.

    If the owner still refuses to allow an inspection, then

    (b) Actions of the Administrator.—The Administrator may issue an order amending, modifying, suspending, or revoking— (1) any part of a certificate issued under this chapter if— (A) the Administrator decides after conducting a reinspection, reexamination, or other investigation that safety in air commerce or air transportation and the public interest require that action

    As far as an LEO 49 USC is the laws that they can use as well. Now, before someone jumps in here and starts complaining about how they have no rights or how unfair this is, 49 USC is not regulations, it is laws that was passed by congress and signed into law, and results in civil proceedings.

    USC 49 are the laws, and 14 CFR are the regulations (administrative) that are written from them.
     
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  12. WannFly

    WannFly Final Approach

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    When they come for ramp check tell them you are hurry, I hear they can’t delay you
     
  13. Daleandee

    Daleandee Cleared for Takeoff

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  14. Lindberg

    Lindberg En-Route

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    Any smart LEO will ask for consent first, even if he has probable cause, because if the criminal is dumb enough to consent (and many are) it eliminates any dispute about justification for the search.
     
  15. ChemGuy

    ChemGuy Cleared for Takeoff

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