Yet Another Year... And Another Threat To GA Freedoms
Guest Editorial/Analysis by Jeff Edwards
Think the John and Martha King arrest and detention cannot happen to you?
Think again.
The Customs and Border Patrol Agency has deemed you to be a national security threat and is watching you every time you fly, simply because you are a pilot. The CBP has established an "Air and Marine Operations Center' (much like the Operations centers the military air services use) at the former March AFB in Riverside CA and is spying on our citizens lawfully going about their business. This Operations Center has the capabilities to draw upon government databases and determine if you are a threat before you even get near your aircraft.
The AMOC was establish to monitor the borders and assist law enforcement with anti terror and anti narco efforts but those assets are now being used to track you. Two of our Lancair Owners and Builders Organization members have reported being detained and questioned by law enforcement officials.
No reason was given to these pilots for their detention. In both cases, their aircraft were searched. One case occurred in 2008 after the pilot flew a VFR cross country flight to St. Louis.
The attached photos are of his incident. A law enforcement person said the King Air in the background belongs to the FBI. The pilot was approached after landing by local police officials and questioned.
No reason was given to him for his detention. He demanded a reason and was given a phone number to call which turned out to be "Mike" at the CBP Air and Marine Operations Center in Riverside, CA.
After a search of his aircraft was completed (with no criminal activities discovered) the decorated U.S. Navy F-14 pilot veteran was free to go. Other pilots have been "stopped" by law enforcement agents in St. Louis as well.
In the second case a LOBO member filed a flight plan to depart the DC metro area for upstate NY. Prior to departure the pilot was approached by a person who identified himself as a Customs agent. The pilot was questioned in regards to whether he had any "equipment" on his aircraft and if he had any computers. The Customs agent requested a consensual search of the aircraft. He replied he had a laptop and agreed to a search. The retired decorated Air Force veteran was released after the search.
You have to wonder about the "intelligence" of our intelligence agencies involved in these searches. The two pilots are ex military where the federal government has a prodigious amount of information on former military personnel - including DNA, fingerprints, security clearances, etc. Additionally, we pilots have provided the FAA more information on ourselves via flight physical exams, pilot certificate information, aircraft registration, and more. Through "Fusion Center" information databases the federal government has access to credit card information, cell phone information, etc.
Wait until we get ADS-B, fill out those Triennial registration forms, complete an eAPIS registration or just file that DUATS flight plan. A friend of mine who works in the government says this would be better if we fill out those special security clearance forms and submit to a government background check. I'm afraid I disagree. Either the CBP AMOC is completely out of control or totally stupid targeting pilots who fly. While I appreciate our government's efforts to fight terrorism-I don't believe GA pilots pose a threat.
The following advertisement is currently listed for a director position within the AMCO and illustrates the capabilities and intent of the unit. This job description should make you think twice about your civil rights:
The men and women of U.S. Customs and Border Protection (CBP) are the guardians of our Nation's borders. CBP, an agency with 46,000 employees worldwide, is responsible for preventing the entry of terrorists and their weapons into the United States, while facilitating the flow of legitimate trade and travel.
The mission of CBP Air and Marine is to protect the American people and the Nation's critical infrastructure through coordinated use of integrated air and marine forces to detect, interdict, and prevent acts of terrorism and the unlawful movement of people, illegal drugs, and other contraband toward or across the borders of the United States.
As Director, Air and Marine Operations Center (AMOC), you will direct and oversee the collection of information on non-cooperative aircraft and marine vessels across the Nation's borders and its maritime approaches, and coordinate threat interdiction operations across all CBP air and marine operating units. The AMOC employs the most sophisticated aviation detection equipment currently available to civil law enforcement. The capability reaches across all of the Nation's borders and to key approaches to critical national infrastructure. It is employed continuously and provides the only central view of the national air space for anti-terror and law enforcement operations. T o accomplish this national mission, you will centrally operate a unique national capability that draws from over 450 radar feeds networked across the United States and Canada. You will assess information on threats to national security, alert the appropriate directors of air and marine operations located across the land and
maritime borders to take immediate action, and provide intelligence to the cognizant CBP command and intelligence centers. You will employ over 180 detection agents, intelligence research specialists, data systems technicians, communications specialists, and support personnel located in Riverside, California, and at the Caribbean AMOC in Puerto Rico.
The high value of the assets employed and the complex nature of coordinated air and marine anti-terror and law enforcement operations requires executive level leadership. As Director of the AMOC, you will serve as the principal senior executive responsible for fully coordinated surveillance operations across the United States. Working with the local Directors of Air Operations (DAOs), Directors of Marine Operations (DMOs), Border Patrol Sector Chiefs, the U.S. Coast Guard, the Federal Aviation Administration (FAA), and military services, you will ensure this national capability is fully functional 24 hours a day, 365 days a year. You will continually assess the effectiveness of the capability and address initiatives for additional resources through the agency's budget and acquisition processes. You will coordinate the use of AMOC capabilities with other Department operating organizations, other Federal law enforcement agencies, the military services, and representatives of the governments of
Canada and Mexico as required.
As the Director of the AMOC, you will serve as the single air and marine expert for national air surveillance and intelligence processing, both foreign and domestic, and as such will serve as the technical advisor to Headquarters for all matters pertaining to advancements in aviation detection and monitoring systems. You will also act as the focal point for issues concerning the use of the FAAs primary air search radar system and plans for the U.S. Air Force to develop the next generation system for the prosecution of non-cooperative targets. As the AMOC Phase B expansion is implemented, you will assume responsibilities as the host activity for the central operation of up to 18 CBP long-range unmanned aircraft systems (UASs) and the coordination of CBP UAS maritime operations with the U.S. Coast Guard. You will also host one of several CBP intelligence operations coordination centers. You will be responsible for overseeing the daily management and control of all AMOC assets in accordance with
Federal law, Department and agency regulations, and internal procedures. You will routinely represent A&M to CBP leadership, other Federal agencies and their regional offices, foreign and local governments, the media, and the public. As required, you will support audits and reviews of CBP operations and administration by the Office of Management and Budget, the General Accountability Office, the Office of Inspector General, and Congressional staffs.
As a member of the agency's executive team, you will implement the President's Management Agenda within your specific area of responsibility.
[For an overview of the diverse responsibilities CBP carries out within the Government, visit our website at www.cbp.gov . http://www.usajobs.org/jobs/67386165/Director,%20Air%20and%20Marine%20Operations%20Center.htm ]
Clearly, the CBP now believes all GA pilots to be operating "non cooperative targets" and to be a potential threat to national security. The Federal government is tracking you, intercepting you and is conducting warrantless searches of your aircraft without probable cause. What can you do about this nonsense?
- You do not have to submit to a search of your aircraft. The Bill of Rights Fourth Amendment guarantees that right.
- Law enforcement officials advised me that you have a right to ask if you are being arrested, detained or are free to leave.
- Contact your Congressman and Senator. Express your opinion to them.
ANN Note: Jeff Edwards is a retired Navy A-6 Intruder bombardier navigator, with an MA in National Security Affairs from the Ohio State University. He is an ATP, CFI, CFII, and the 2003 FAA National Flight Instructor of the Year. His also the President of the Lancair Owners and Builders Organization (LOBO).
ANN's Daily Aero-Term (04.14.24): Maximum Authorized Altitude
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