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Old Dec 2, 2005 | 12:39 pm
  #125  
24th ID
 
Join Date: Sep 2004
Location: USA
Posts: 275
Originally Posted by bdschobel
Probably nothing will happen. These guys must file thousands of reports every day. (They have nothing else to do!) I don't expect that anybody even reads most of them.

But I wonder if you handled the situation in the best way. Whenever a law-enforcement officer detains you (being prevented from leaving the plane is prima facie detention), you should immediately ask, "Am I under arrest?" That question should be the first thing out of your mouth (well, maybe after identifying yourself). If the answer is no, then ask, "So am I free to go?" If the answer to that question is no, then repeat the first question. Repeat this cycle as many times as necessary until either (1) you are actually arrested (very, very unlikely without probable cause -- and then you can sue) or (2) you are told that you are free to go, which will happen eventually.

And if you are actually arrested, remember to say, "I would really love to answer your questions, but I can't do it until I have a lawyer present. Sorry."

Bruce
Well,I have heard numerous responses to this question and it still amazes me. I believe that we have had this discussion numerous times in the past.

What it boils down to is that if a FAM stops you for questioning, an investigative detention, he probably has a pretty decent reason for doing it. I don't care about the particular incident just speaking in general.

He may only have resonable susp and that is why he is stopping you. While speaking to him, if you begin to lie, become unruley, be evasive, repeatly answering all questions with, "Am I under arrest?", etc., there is a strong possiblity that you may be arrested. Then you can speak to your attorney. (I don't care and don't want to talk to you anymore because I'm turning you over to another division and won't have to see you again until court.)

It's possible (I'm speaking openly for GUWONDER) that while you are carrying on with these tactics that you have broken the law or raised the FAMs susp to probable cause. (Yes, it can happen and it can be debated here for the next eon. I'm not discussing it because I know the answer.)

So, do what you will, but the best policy is just to answer the questions, provide your ID, with an address and SSN, and be as polite as the FAM that is speaking to you.

Of all the people that I have talked to, it has always gone smoothly and normally the subject is on his way out the AP within a couple of minutes.

Oh yeah, I write the least amount of reports here than I have in my entire career. So, I guess I do have other things to do.
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