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Old Dec 2, 2005 | 10:57 am
  #121  
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Plus ca change, plus c'est la meme chose.
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Old Dec 2, 2005 | 10:58 am
  #122  
 
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GuWonder, didn't mean to infer anything. Was just tryng to add a little levity to the discussion. Will never make that mistake again. Glad I could amuse you.
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Old Dec 2, 2005 | 11:13 am
  #123  
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Originally Posted by bambi47
GuWonder, didn't mean to infer anything. Was just tryng to add a little levity to the discussion. Will never make that mistake again. Glad I could amuse you.
I am amused easily. Perhaps it's "simple minds, simple entertainment".
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Old Dec 2, 2005 | 12:05 pm
  #124  
 
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Originally Posted by bambi47
And we're talking about airport screening, not a criminal investigation. We can't arrest you.
I tought we were talking about a FAM conducting an investigation, not screening. A FAM can arrest you.
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Old Dec 2, 2005 | 12:39 pm
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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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Old Dec 2, 2005 | 12:41 pm
  #126  
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Originally Posted by bambi47
I don't lie.
Never? That'd be a big assertion. Can a FAM question your family about that?

Last edited by GUWonder; Dec 2, 2005 at 12:43 pm
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Old Dec 2, 2005 | 12:48 pm
  #127  
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Originally Posted by 24th ID
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.)
If that's all you got, there won't be any court date, and the government will be writing checks.

Doubt that the AUSA would seek any indictment or file any charges based on your hypothetical above.

Perhaps SPNLifer could chime in?

You've got all the power on the airplane, but you lack the power to cause someone that kind of grief without repercussion on the ground.
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Old Dec 2, 2005 | 12:49 pm
  #128  
 
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Originally Posted by bdschobel
No, I absolutely do not believe that FAMs should "scamper away in fear." By the same token, they should not bother people without probable cause. The fact that a flight attendant was concerned is not probable cause. You know that.

If I call the police and tell them that I'm suspicious about my neighbor, does that -- by itself -- give the police reason to start questioning my neighbor? I don't think so.

Bruce
I think you may be confused Bruce. A LEO does not need PC to question someone. They do need PC to effect an arrest, a lawful arrest that is.

There are several ways to build PC, speaking to the subject of concern, speaking to witness, etc. There is a critter out there called resonable suspicion, once we have that then we try and build our probable cause.
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Old Dec 2, 2005 | 1:01 pm
  #129  
 
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Originally Posted by FWAAA
If that's all you got, there won't be any court date, and the government will be writing checks.

Doubt that the AUSA would seek any indictment or file any charges based on your hypothetical above.

Perhaps SPNLifer could chime in?

You've got all the power on the airplane, but you lack the power to cause someone that kind of grief without repercussion on the ground.
Spnlifer is more than welcomed to add his two cents. I'm telling you right now that if you start be evasive and furtive and I have probable cause that you committed a crime on board that AC, you will be arrested.

Obstruction, interference with a flight crew. Read them, they are there and vaguely writting. I don't care if the AUSA decides to prosecute the case or not. I'm doing my job and I'm not going to make a bad arrest just to do it. It will be lawful.

What it boils down to is that it makes no sense to be defiant when a LEO stops to speak to you. Why? If you didn't do anything wrong, you have nothing to worry about and you'll be on your way. But remember, I wouldn't be talking to you unless I have a good reason, and the majority of the time it's already an arrestable offense and I'm just asking more questions to help build my case.

Watch COPS. It obvious you don't get it this way. Gotta love crap house lawyers. I guess all cops are bad, anti-government rogue agents that are protecting the anti-christ.......

I'm OUT.........
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Old Dec 2, 2005 | 1:11 pm
  #130  
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Originally Posted by 24th ID
If you didn't do anything wrong, you have nothing to worry about and you'll be on your way. But remember, I wouldn't be talking to you unless I have a good reason, and the majority of the time it's already an arrestable offense and I'm just asking more questions to help build my case.
What doubletalk.

Example of the "forked-tongue":

Originally Posted by 24th ID
If you didn't do anything wrong, you have nothing to worry about and you'll be on your way.
Originally Posted by 24th ID
But remember, I wouldn't be talking to you unless I have a good reason, and the majority of the time it's already an arrestable offense and I'm just asking more questions to help build my case.
So which is it?
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Old Dec 2, 2005 | 1:12 pm
  #131  
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Originally Posted by alexrmontecito
How do you purport to speak for GUWonder?
He cannot. His claims are hollow if he purports to speak on my behalf.
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Old Dec 2, 2005 | 1:16 pm
  #132  
 
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Originally Posted by GUWonder
He cannot. His claims are hollow if he purports to speak on my behalf.
Simply made the comment in an openly manner for GUWONDER.

What he is talking about.......

I apoligies to you if it appeared otherwise.
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Old Dec 2, 2005 | 1:21 pm
  #133  
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Originally Posted by 24th ID
Simply made the comment in an openly manner for GUWONDER.

What he is talking about.......

I apoligies to you if it appeared otherwise.
It's bit hard to understand what you are writing -- including the above, which seems to be largely out of context. The grammar doesn't even make sense.

Care to clarify?
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Old Dec 2, 2005 | 1:27 pm
  #134  
 
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Originally Posted by GUWonder
What doubletalk.

Example of the "forked-tongue":





So which is it?
Hopefully your desciption of "forked-tongue" is not implying that I am a being dishonest or a lier.

My apoligies for not being clearer. I was trying to avoid this simply because if it was not plain GUWONDER would call me on it.

It is not necessary to have PC to stop and person and question him.

If I personally stop and question you I will most likely have engough PC to arrest you, although other LEOs may not.

Your actions during a investigative detention can also lead to your arrest.

This is as plain and simple as I can put it. No double talk here.

Disclaimer: Actions and tactics between law enforcement officers may vary.
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Old Dec 2, 2005 | 1:31 pm
  #135  
 
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Originally Posted by alexrmontecito
How do you purport to speak for GUWonder? Where do your fake scenarios come from?

Instead of bloviating yet again about what is supposed to happen and how the passenger is always wrong, maybe you should go read monster.com as the days of your worthless agency are clearly numbered by the admission of your fellow pig employees around this forum. You can find substitute thrills at McDonalds flippin burgers while you're imagining you're frying humans.
I take it you've spent some quality time in the back of a patrol car.
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