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Stop of airplane was with reasonable suspicion (not "pull over," but close)

By John Wesley Hall, Jr.

Virgin Islands police had a tip that illegal aliens would be boarding a small private plane at a particular airport for ferrying them around. Surveilling the runway, the officer saw people boarding the plane while it was idling away from any buildings. He requested the tower to deny take off, which it did. When the plane returned to where it was idling, the officer approached and asked the pilot to step out of the plane. An occupant admitted she was an illegal. The stop was justified. United States v. Cuevas-Reyes, 2008 U.S. Dist. LEXIS 14523 (D. V.I. February 25, 2008). A closed container must announce to the world its contents to be "plain view," not just to those with specialized knowledge. Thus, a tank with telltale blue residue from anhydrous ammonia did not announce its contents...continue to full post

Full post as published by Fourth Amendment on February 29, 2008 (boomark / email).