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-   -   POLICING has Already Started (https://www.rcuniverse.com/forum/clubhouse-190/11624890-policing-has-already-started.html)

flycatch 12-24-2015 09:51 AM

POLICING has Already Started
 
http://www.helifreak.com/showthread.php?t=725928

TLH101 12-24-2015 04:17 PM

It is absolutely amazing how much incorrect information, and out right B/S, is contained in that thread at least in the first 4 pages. I didn't go any further. Be sure you verify any info about what is, and, is not a "law" with knowledgeable authorities.

Rob2160 12-24-2015 04:35 PM

Some documents of relevance.

http://www.faa.gov/uas/law_enforceme...dance_card.pdf

http://www.faa.gov/uas/law_enforceme...ement-FAQs.pdf

porcia83 12-24-2015 07:44 PM

Scaremongering and Rumors have already started
 
Nothing surprising there. Expect to see "horror" stories very soon as well.

The best part of that link is the response from some of the more level headed folks who say stay calm, follow the officers directions, and do as your told. At least there is something good to take from this. Of course, others will say that's being a coward, or "sheeple", but well..tis better to drive yourself home rather than getting cuffed and stuffed.

JimmyZep 12-25-2015 09:00 AM

What was described in that post is illegal.

That's no different than being pulled over to see if you have a drivers lic.

Our field is on privet property, Ill just tell them to leave NOW.

Jimmy

flycatch 12-25-2015 09:05 AM

https://www.faa.gov/uas/regulations_...A_Guidance.pdf

porcia83 12-25-2015 09:22 AM


Originally Posted by JimmyZep (Post 12149049)
What was described in that post is illegal.

That's no different than being pulled over to see if you have a drivers lic.

Our field is on privet property, Ill just tell them to leave NOW.

Jimmy

LoL..."illegal". Not, it wasn't even close to being illegal.

Private property...do you think illegal acts aren't subject to investigation just because they are done on private property? Not saying that flying is illegal, but the OP in that scare story didn't mention he was at a field or not (at least not in the first few pages)...if he was at a school yard he's fair game to be questioned.

At least he was smart enough to comply rather than telling the guy to LEAVE..or better yet getting an attitude with the cop. Guess who normally wins in those situations?

JimmyZep 12-25-2015 11:39 AM


Originally Posted by porcia83 (Post 12149054)
LoL..."illegal". Not, it wasn't even close to being illegal.

Private property...do you think illegal acts aren't subject to investigation just because they are done on private property? Not saying that flying is illegal, but the OP in that scare story didn't mention he was at a field or not (at least not in the first few pages)...if he was at a school yard he's fair game to be questioned.

At least he was smart enough to comply rather than telling the guy to LEAVE..or better yet getting an attitude with the cop. Guess who normally wins in those situations?

No probable cause, that is illegal!

Jimmy

JPMacG 12-25-2015 11:41 AM

I think the story is made up. He just wants to see the reaction from others.

JimmyZep 12-25-2015 12:00 PM


Originally Posted by JPMacG (Post 12149124)
I think the story is made up. He just wants to see the reaction from others.

You could be right about that.

The reason people get fired up is that if it hasn't happened yet, it will.

The gov is gaining more and more control over our lives

Now I have to register a model plane, that's insane!

Jimmy

flyinwalenda 12-25-2015 12:52 PM

The op in that thread panicked and gave the leo way more info than he needed to give and added more drama in his post than need be. Nothing but a sky-is-falling post.
It is unconstitutional for a leo to pull you aside and ask for your id ,unless you were breaking a law.

pkoury 12-25-2015 01:29 PM

The OP was posted after Dec 21 so the LEO was legal. The FAA registration deadline of Feb 19th is for UAS owned prior to Dec 21.

Rob2160 12-25-2015 02:17 PM


Originally Posted by JimmyZep (Post 12149122)
No probable cause, that is illegal!

Jimmy

Required documents must be in operator’s possession and presented to law enforcement upon request per 49 U.S.C. 44103(d)

(d)Certificates Available for Inspection.—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.

Mickydee1354 12-25-2015 02:21 PM

Beware of the one sided story. In the absence of corroboration, take the facts as presented with a grain of salt.

That said, if everything happened as presented, the LEO did nothing wrong. The police can and do contact people in public places to speak with them for many reasons. This is what is known as a consensual contact, and you can choose to speak with the police or decline to do so. In this case, the pilot complied with every request voluntarily. The LEO checked the pilot's paperwork and ID, determined there was no crime being committed, and then left without taking any action.

Flying an RC aircraft is not generally an unlawful act, (unless prohibited by a local ordinance like in some municipal parks, etc). The pilot could have legally declined to speak with the officer. At that point, the officer would have needed some reasonable suspicion to believe the pilot was committing a crime before he could detain the pilot, question him about a suspected crime, or inspect the aircraft.

You have to have a valid Driver License, insurance, and registration to drive a car on a public highway. However, the police cannot randomly stop you in the absence of some other violation or probable cause simply to see if you have a Driver License. I say generally because there are exceptions such as DUI check points, etc., but that doesn't apply here.

In short, simply flying an RC aircraft isn't enough for a LEO to demand to see your paperwork if you chose not to cooperate, (unless you are flying in an area where it is illegal to do so, or you are otherwise committing some other crime).

Personnally, I would handle things like the author of the original post did. I would be civil and would provide the required documents as requested because I know the law is on my side, I'm not doing anything wrong, and the LEO is just trying to do so their job.

flyinwalenda 12-25-2015 02:25 PM


Originally Posted by pkoury (Post 12149163)
The OP was posted after Dec 21 so the LEO was legal. The FAA registration deadline of Feb 19th is for UAS owned prior to Dec 21.

Well, we don't know what the op was flying but I'll assume it was a heli or mr and he has been flying there for 8 years. Did he just buy it on the 22'nd or has he had it for years? Who knows ?
Either way the leo was out of bounds coming up and asking him for his paperwork, again, unless he was breaking a law. Rereading his post it appears he was not.

Rob2160 12-25-2015 02:29 PM


Originally Posted by flyinwalenda (Post 12149173)
Either way the leo was out of bounds coming up and asking him for his paperwork, again, unless he was breaking a law. Rereading his post it appears he was not.

Interested in your thoughts on 49 U.S.C. 44103(d)

Gizmo-RCU 12-25-2015 02:41 PM

If in fact this did happen? It's no different than a Game Warden asking a fisherman who is fishing to see his license. To refuse to show the license/Id will most likely earn you a citation or escorted trip in the rear seat of the Officers vehicle.

A lot of times a warning would be issued just to let the flier know of the new regulations. Copping an attitude with an Officer will ensure a bad ending .................this is not a high priority for Law Enforcement, they are usually quite busy enough.

Rob2160 12-25-2015 02:45 PM


Originally Posted by Gizmo-RCU (Post 12149181)
If in fact this did happen? It's no different than a Game Warden asking a fisherman who is fishing to see his license. To refuse to show the license/Id will most likely earn you a citation or escorted trip in the rear seat of the Officers vehicle.

A lot of times a warning would be issued just to let the flier know of the new regulations. Copping an attitude with an Officer will ensure a bad ending .................this is not a high priority for Law Enforcement, they are usually quite busy enough.

Agree 100%

flyinwalenda 12-25-2015 02:49 PM


Originally Posted by Rob2160 (Post 12149177)
Interested in your thoughts on 49 U.S.C. 44103(d)

I look at that the same as the us vehicle code. A leo can ask for my id and registration only after I was viewed breaking a law. They cannot at their leisure pull me over, pull me aside, tell me to land, etc and ask to see my papers. Some may think they can but those probably have not read through the US Constitution. We still do have that pesky little document in our favor......so far.

flyinwalenda 12-25-2015 03:01 PM


Originally Posted by Gizmo-RCU (Post 12149181)
If in fact this did happen? It's no different than a Game Warden asking a fisherman who is fishing to see his license. To refuse to show the license/Id will most likely earn you a citation or escorted trip in the rear seat of the Officers vehicle.

A lot of times a warning would be issued just to let the flier know of the new regulations. Copping an attitude with an Officer will ensure a bad ending .................this is not a high priority for Law Enforcement, they are usually quite busy enough.

I disagree. In states where I have fished you agree when purchasing said license to display it in plain view on the outside of a hat or garment while fishing. If you don't then yes they can ask to see your license. I didn't agree to nor do I have to wear my drivers license, flying license, on the outside of my hat or jacket while driving or flying.
Yes you shouldn't display a bad attitude with a leo but standing up for your rights in a polite way is still legal .

Rob2160 12-25-2015 03:11 PM


Originally Posted by flyinwalenda (Post 12149186)
I look at that the same as the us vehicle code. A leo can ask for my id and registration only after I was viewed breaking a law. They cannot at their leisure pull me over, pull me aside, tell me to land, etc and ask to see my papers. Some may think they can but those probably have not read through the US Constitution. We still do have that pesky little document in our favor......so far.

Thanks and I can see your view. I am sure we will see this tested in due course.

If I was driving on the highway with no registration plates on the car would that give the leo a valid reason to pull me over and ask for my licence?

They might use the same reasoning after 19th Feb if the registration number is not clearly visible on an aircraft.

TLH101 12-25-2015 03:17 PM


Originally Posted by Rob2160 (Post 12149194)
Thanks and I can see your view.

If I was driving on the highway with no registration plates on the car would that give the leo a valid reason to pull me over and ask for my licence?

They could likely use the same reasoning after 19th Feb if the registration number is not clearly visible on an aircraft.

The number is not required to be visible, only accessible. It can be inside the aircraft.

Rvander 12-25-2015 03:22 PM

Fact or fiction.. Don't believe all you read. There are people who's whole existence is to get people fired up.. I doubt 50% of what gets published in forums is truth.. If it were... There would have been another civil war by now...I do see it happening in the neAr future.. Everyday law biding citizens will have it up to their ears...and it WILL happen!!!

Rob2160 12-25-2015 03:29 PM


Originally Posted by TLH101 (Post 12149196)
The number is not required to be visible, only accessible. It can be inside the aircraft.

Yes I understand that but that might not stop them from trying.

porcia83 12-25-2015 04:34 PM


Originally Posted by flyinwalenda (Post 12149153)
The op in that thread panicked and gave the leo way more info than he needed to give and added more drama in his post than need be. Nothing but a sky-is-falling post.
It is unconstitutional for a leo to pull you aside and ask for your id ,unless you were breaking a law.

Agree on the first point, disagree on the second. You're absolutely wrong. Stop already with the constitution stuff, it's not an absolute document, never has been never will be. How many years has NYC been doing stop and frisk? Here's another simple example, of which there are many many more. You and your car fit the description of a bank robbery suspect seen in the area you are seen driving. Either a federal or local law enforcement officer has every right to pull you over and talk with you. Want to argue with the guy and talk about not being a sheeple, great, have at it. At best you'll be there for a lot longer. Worse case, you'll be taking a ride of another kind.

If one feels as though they have been wronged, they should avail themselves by way of the appropriate remedies.


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