FPK1
Line Up and Wait
Engine trouble forces successful off airport landing early in the morning but left no time to hide the drugs...
Wondering what warranted the search of an airplane after an emergency landing?
If so, they are incredibly lucky regardless of the drug bust. FlightAware shows them having turned for something like a final approach after flying downwind and base over the ocean.Whoa, this could be an epic thread. Getting my popcorn out!
3 hour flight from Mesa, so could be lack of fuel or something to that effect.
If you make an emergency landing, they're gonna poke around the plane. Not sure about the legality of that. When I made my forced landing, while I was talking to the cops out near the road they went through the plane and dumped all my bags out, I never did find some of the small items that rolled away. They didn't ask me or say anything about it, or that they had looked, I just found the mess when I walked back to the plane.Wondering what warranted the search of an airplane after an emergency landing?
Perhaps the “plain view” exemption for search and seizure.Wondering what warranted the search of an airplane after an emergency landing?
You still need probable cause.Perhaps the “plain view” exemption for search and seizure.
Or the ubiquitous K-9 that will “alert” on a sack of potatoes.
"The occupants were acting suspicious; I smelled an odor of (fill in the blank)" etc.. With a good attorney the probable cause may get tossed in court but probably not...regardless if it is truthful observations by the arresting officers.You still need probable cause.
i don't see any judge saying they didn't have probable cause to be on scene of an aircraft on the freeway, so plain view would be a slam dunk, now probable cause for bringing out the K-9 might be a bit more difficult.You still need probable cause.
suspicious is not a crime, and cannot be uses as RAS."The occupants were acting suspicious; I smelled an odor of (fill in the blank)" etc.. With a good attorney the probable cause may get tossed in court but probably not...regardless if it is truthful observations by the arresting officers.
Yes, probable cause is part of the “plain view” search; i.e., the LEO has to reasonably believe that the item in plain view is contraband. It could be by visual characteristic (e.g., white powder or green leafy substance in clear plastic bags) or odor emanating from the vehicle.You still need probable cause.
An emergency landing, it’s not hard for the cops to say they needed to check the plane for safety reasons. Make sure no one else was on board, electrical power off, no flammable fluids, no smoldering fabric, etc.
I have a friend that lives in Florida and often goes fishing offshore. He's always looking to catch a few Florida Square Groupers, but no luck so far.I never ever want to be IN a drug-filled plane when it has an emergency landing, but NEAR it when it happens? Sure, let’s give that a try. I’ll do my best to assist.
Probable cause isn’t needed for having a K9 sniff the air surrounding a vehicle. Open air is a public place with no expectation of privacy. You can’t detain the occupants longer than necessary for the original stop while waiting for the dog, but in the case of a plane crash, a sniff while awaiting aircraft removal is in line with very clear and longstanding search and seizure law.i don't see any judge saying they didn't have probable cause to be on scene of an aircraft on the freeway, so plain view would be a slam dunk, now probable cause for bringing out the K-9 might be a bit more difficult.
….or books banned in Florida….It’s California they don’t define what kind of drugs or contraband… so it could be plastic bags or straws…
In the SNOWDid they land on the pavement, grass or weeds?
In the SNOW
A K-9 doing a sniff AND alerting is probable cause in many states.You still need probable cause.