It's Getting Harder To Tell Who The 'Good Guys' Are, Anymore

I grew up in a family that respected the law and had a little more of an idea as to how justice was (properly)  meted out due to the presence of a LEO in the family (the late, great, Bob MacDonald, a New York State Trooper and my Uncle).

Over the years, I realized that the job of law enforcement was a tough one... on those upon whom the penalties of the law fell... as well as those who were empowered to see justice done. Still; as amazing and brave as most LEOs are, they are often only as good as the system within which they work. In the case of the US Department of Homeland Security's Air and Marine Operations Center, we have a great number of reasons to believe that something is going seriously wrong... and few of aviation's so-called problem solvers seem disposed to step up and do something about it (though now that we've rubbed a few of their noses in it, we may be pleasantly surprised...).

Following coverage of yet another ground intercept of an innocent GSA pilot in Missouri, last week, ANN is examining a document that has been procured by some of our correspondents that seems to promise additional trouble ahead for US citizens attempting to exercise there rights as pilots in the United States. The document makes a number of statements about regs imposed on pilots that are inaccurate and even seems to contradict itself... but be that as it may, we understand that this is the guidance being issued by AMOC to those members of local law enforcement that are called to undertake a ground intercept of a civil aircraft. The potential for error and harm based on error (due to the fact that LEOs agree armed and the data that they receive from AMOC, EPIC, CBP and/or DHS has been OFTEN known to be errant...

The fax document states the following:

Guide To Law Enforcement Officers Regarding Federal Law Pertaining To Document Checks On General Aviation Aircraft
1-866-AIR-BUST

Federal Aviation Regulations require pilots of general aviation aircraft to comply with the following:
1.) A pilot in command, or pilot flight/crewmember of a U.S. registered aircraft must have in their physical possession, or readily accessible in the aircraft a current pilots license.
2.) Must have in their possession or readily accessible a photo identification such as a State issued drivers license or ID card, a United States Government issued identification card, an Armed Forces Identification Card, and Official passport OR
3.) A credential that authorizes unescorted access to a security identification display area at an airport regulated under Code of Federal Regulations (CFR) Title 49 Subpart C Section 1542.207.
4.) A pilot must have in their possession - or readily available in the aircraft a valid Federal Aviation Administration (FAA) medical certificate.
5.) A pilot must have in their possession or readily accessible in the aircraft their pilot their pilot Logbook.
6.) The aircraft registration and airworthiness certificate and FORM 337 (authorized modifications to the aircraft) must be in the aircraft.

Title 14 CFR Section 61.3 (1) Inspection of Certificate.
(h) Each person who holds a airman certificate, medical certificate, authorization, or license required by this part must present it for inspection upon request from the Administrator, an authorized representative of the National Transportation Safety Board (NTSB), an authorized representative of the Transportation Security Administration (TSA) or any Federal, State or Local law enforcement officer.

Title 49 United States Code Section 44103(d).
An operator of an aircraft shall make available for inspection a certificate of registration for the aircraft when requested by a United States Government, State, or local law enforcement officer.

Title 14 CFR Section 61.51(i) (1) presentation of required documents.
A person must present their pilot certificate, medical certificate, logbook or any other record required by this part for inspection upon a reasonable request by the Administrator, an authorized representative of the NTSB,
any State or local law enforcement officer.

Title 14 CFR Section 91.417(c) Maintenance Records.
The owner or operator shall make All Maintenance Records required to be kept by this section available for inspection by the Administrator, or any authorized representative of the NTSB. In addition, the owner or operator shall present form 337 described in paragraph (d) of this section for inspection upon request of any law enforcement officer.
(d) When a fuel tank is installed within the passenger or baggage compartment pursuant to part 43 of this chapter, a copy of the FAA Form 337 shall be kept on board the modified aircraft by the owner or operator.

***CAVEAT***

Although Federal Law requires the possession of, and display upon demand of the aforementioned documents; THERE IS NO CRIMINAL PENALTY SECTION TO THIS LAW. It is therefore not an arrestable offense.
It does however allow for the "reasonable detention" of person(s) while the document check is underway. Any probable cause for further investigation, or arrest will be developed by the Officers) or Canine Unit on the scene. This document does not take into account applicable State and Local laws and ordinances, nor the principle of a "Mobile conveyance".

QUESTIONS ???
IF YOU HAVE QUESTIONS PLEASE CALL, WE WILL BE HAPPY TO TALK TO YOU. WE ARE OPEN 7 X 24 X 365. WE WILL BE HAPPY TO ASSIST YOU WITH MOST CRIMINAL MATTERS REGARDING GENERAL AVIATION AIRCRAFT. PLEASE ASK FOR THE LAW ENFORCEMENT COORDINATOR
1-866-AIR-BUST
1-866-247-2878

Additional Information Available: www.airweb.faa.gov/Regulatory and evidence Library/rgFAR.nsf7CurrentFAR (broken link), www.faa.gov/avr/AFS/FARS/far-61.txt (broken link)

Aero-Analysis/Commentary: The document contains errors in the regs, and according to some communication reported by pilots who contacted AMOC, the Feds are NOT pleased to hear the doc is in public circulation. ANN has grave concerns about its import, tone and apparent lack of oversight. We urge pilots to exercise extreme caution in any ground intercept activity or "Air Bust" since Law Enforcement is apparently primed to confront serious bad guys... though the record of accuracy in such activities is abysmal. If these activities go unchallenged and unchecked, someone is likely to be hurt or killed... and, of course, aviation will get yet another nail in its coffin -- courtesy of Uncle Sam. ANN urges any pilot with any knowledge of, or experience with, these activities to contact us right away so that we may share it with the pilot population and also build a database that might aid us in getting some sensible response from our legislators and put an end to this madness and the continual erosion of our rights and freedoms. More info to follow. -- Jim Campbell, ANN E-I-C

FMI: www.dhs.gov, Comments/Criticism For ANN???