{"id":5737,"date":"2011-07-07T11:22:18","date_gmt":"2011-07-04T07:06:52","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-07-04T07:06:52","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5737","title":{"rendered":"W.D.Ky.: Defendants consented to search of their airplane, and 14 C.F.R. \u00a7 61.3(l) requires production of paperwork on request"},"content":{"rendered":"<p>Defendants consented to a search of their airplane in Bowling Green, revealing 30 bricks of cocaine. Under <a href=\"http:\/\/edocket.access.gpo.gov\/cfr_2010\/janqtr\/pdf\/14cfr61.3.pdf\">14 C.F.R. \u00a7 61.3(l)<\/a>, operators of airplanes are required to produce papers on demand. United States v. Garcia-Guillen, 2011 U.S. Dist. LEXIS 70330 (W.D. Ky. June 30, 2011):<\/p>\n<blockquote><p>The Officers did not use coercive measures, language, or tone, nor did they conduct a show of force by drawing their weapons, physically touching the Defendants or ordering them to move away from their plane. The two and a half minutes that the Officers retained the Defendants\u2019 documents was a reasonable period of time that allowed the Officers to examine the documents. Under these circumstances, the Court finds that a reasonable person would have felt free to terminate the encounter and that the Defendants were not seized at the time consent to search the plane was granted.<\/p>\n<p>However, assuming arguendo that the initial consensual encounter transformed into a seizure of Defendants prior to the granting of consent to search the plane, the Court finds that the evidence would still be admissible as a permissible stop under <a href=\"http:\/\/edocket.access.gpo.gov\/cfr_2010\/janqtr\/pdf\/14cfr61.3.pdf\">14 C.F.R. \u00a7 61.3(l)<\/a>. This regulation states that \u201c[n]o person may serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person &#8230; [h]as a pilot certificate or special purpose pilot authorization &#8230; and &#8230; a photo identification that is in that person\u2019s physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization.\u201d Requirement for Certificates, Ratings, and Authorizations, 14 C.F.R. \u00a7\u00a7 61.3(a)(1), (2) (2009). The regulation also states that \u201c[e]ach person who holds an airmen certificate &#8230; or license required by this part must present it and their photo identification &#8230; for inspection upon a request from &#8230; [a]ny federal, state, or local law enforcement officer[.]\u201d 14 C.F.R. \u00a7 61.3(l)(3).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=5737\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-5737","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5737","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5737"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5737\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5737"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5737"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5737"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}