FAA Letter Requesting My Statement/Evidence Regarding a "Law Enforcement" Interferrence Operation

[rangemaster728]

OK let’s bring up one other thing:

In examining of VFR sectional for the area in which the OP said he was operating, it appears he was in an ADIZ... which requires all aircraft to file a flight plan.

 

[BorderMavik]

OK let’s bring up one other thing:

In examining of VFR sectional for the area in which the OP said he was operating, it appears he was in an ADIZ... which requires all aircraft to file a flight plan.

Incorrect...Key Word...Penetration. A private aircraft can fly all along in the ADIZ, from the US side. Taking off and landing at an airport like Calexico and Jucumba that are in the ADIZ requires no flight plan. And have you ever tried to file a Drone Flight Plan? Many aircraft inbound to the U.S. will cross an ADIZ. There is no ADIZ between the U.S. and Canada. According to FAR Part 99, if penetrating an ADIZ, all aircraft of U.S. or foreign registry must file, activate, and close a flight plan with the appropriate aeronautical facility. In addition to normal ADIZ position reports, and any other reports Air Traffic Control may require, a foreign civil aircraft must give a position report at least one hour before ADIZ penetration, if it is not more than two hours average cruising speed from the U.S. And can you please tell me if I was in the ADIZ for this area? here are the boundaries...The area bounded by a line from 43°15′ N, 65°55′W; 44°21′ N; 67°16′W; 43°10′ N; 69°40′W; 41°05′ N; 69°40′W; 40°32′ N; 72°15′W; 39°55′ N; 73°00′W; 39°38′ N; 73°00′W; 39°36′ N; 73°40′W; 37°00′ N; 75°30′W; 36°10′ N; 75°10′W; 35°10′ N; 75°10′W; 32°00′ N; 80°30′W; 30°30′ N; 81°00′W; 26°40′ N; 79°40′W; 25°00′ N; 80°05′W; 24°25′ N; 81°15′W; 24°20′ N; 81°45′W; 24°30′ N; 82°06′W; 24°41′ N; 82°06′W; 24°43′ N; 82°00′W; 25°00′ N; 81°30′W; 25°10′ N; 81°23′W; 25°35′ N; 81°30′W; 26°15′ N 82°20′W; 27°50′ N; 83°05′W; 28°55′ N; 83°30′W; 29°42′ N; 84°00′W; 29°20′ N; 85°00′W; 30°00′ N; 87°10′W; 30°00′ N; 88°30′W; 28°45′ N; 88°55′W; 28°45′ N; 90°00′W; 29°25′ N; 94°00′W; 28°20′ N; 96°00′W; 27°30′ N; 97°00′W; 26°00′ N; 97°00′W; 25°58′ N; 97°07′W; westward along the U.S./Mexico border to 32°32′03″ N, 117°07′25″ W; 32°30′ N; 117°25′W; 32°35′ N; 118°30′W; 33°05′ N; 119°45′W; 33°55′ N; 120°40′W; 34°50′ N; 121°10′W; 38°50′ N; 124°00′W; 40°00′ N; 124°35′W; 40°25′ N; 124°40′W; 42°50′ N; 124°50′W; 46°15′ N; 124°30′W; 48°30′ N; 125°00′W; 48°20′ N; 128°00′W; 48°20′ N; 132°00′W; 37°42′ N; 130°40′W; 29°00′ N; 124°00′W; 30°45′ N; 120°50′W; 32°00′ N; 118°24′W; 32°30′ N; 117°20′W; 32°32′03″ N; 117°07′25″ W; eastward along the U.S./Mexico border to 25°58′ N, 97°07′W; 26°00′ N; 97°00′W; 26°00′ N; 95°00′W; 26°30′ N; 95°00′W; then via 26°30′ N; parallel to 26°30′ N; 84°00′W; 24°00′ N; 83°00′W; then Via 24°00′ N; parallel to 24°00′ N; 79°25′W; 25°40′ N; 79°25′W; 27°30′ N; 78°50′W; 30°45′ N; 74°00′W; 39°30′ N; 63°45′W; 43°00′ N; 65°48′W; to point of beginning. LOL

 

[rangemaster728]

14 CFR 99.11

99.11 ADIZ flight plan requirements.
(a) No person may operate an aircraft into, within, or from a departure point within an ADIZ, unless the person files, activates, and closes a flight plan with the appropriate aeronautical facility, or is otherwise authorized by air traffic control.

(b) Unless ATC authorizes an abbreviated flight plan -

(1) A flight plan for IFR flight must contain the information specified in § 91.169; and

(2) A flight plan for VFR flight must contain the information specified in § 91.153(a) (1) through (6).

(3) If airport of departure is within the Alaskan ADIZ and there is no facility for filing a flight plan then:

(i) Immediately after takeoff or when within range of an appropriate aeronautical facility, comply with provisions of paragraph (b)(1) or (b)(2) as appropriate.

(ii) Proceed according to the instructions issued by the appropriate aeronautical facility.

(c) The pilot shall designate a flight plan for VFR flight as a DVFR flight plan.

(d) The pilot in command of an aircraft for which a flight plan has been filed must file an arrival or completion notice with an appropriate aeronautical facility.

[Doc. No. 25113, 53 FR 18217, May 20, 1988; 53 FR 44182, Nov. 2, 1988, as amended by Amdt. 99-15, 54 FR 34331, Aug. 18, 1989; 66 FR 49822, Sept. 28, 2001; 69 FR 16756, Mar. 30, 2004]

 

[sar104]

Incorrect...Key Word...Penetration. A private aircraft can fly all along in the ADIZ, from the US side. Taking off and landing at an airport like Calexico and Jucumba that are in the ADIZ requires no flight plan. And have you ever tried to file a Drone Flight Plan? Many aircraft inbound to the U.S. will cross an ADIZ. There is no ADIZ between the U.S. and Canada. According to FAR Part 99, if penetrating an ADIZ, all aircraft of U.S. or foreign registry must file, activate, and close a flight plan with the appropriate aeronautical facility. In addition to normal ADIZ position reports, and any other reports Air Traffic Control may require, a foreign civil aircraft must give a position report at least one hour before ADIZ penetration, if it is not more than two hours average cruising speed from the U.S. And can you please tell me if I was in the ADIZ for this area? here are the boundaries...The area bounded by a line from 43°15′ N, 65°55′W; 44°21′ N; 67°16′W; 43°10′ N; 69°40′W; 41°05′ N; 69°40′W; 40°32′ N; 72°15′W; 39°55′ N; 73°00′W; 39°38′ N; 73°00′W; 39°36′ N; 73°40′W; 37°00′ N; 75°30′W; 36°10′ N; 75°10′W; 35°10′ N; 75°10′W; 32°00′ N; 80°30′W; 30°30′ N; 81°00′W; 26°40′ N; 79°40′W; 25°00′ N; 80°05′W; 24°25′ N; 81°15′W; 24°20′ N; 81°45′W; 24°30′ N; 82°06′W; 24°41′ N; 82°06′W; 24°43′ N; 82°00′W; 25°00′ N; 81°30′W; 25°10′ N; 81°23′W; 25°35′ N; 81°30′W; 26°15′ N 82°20′W; 27°50′ N; 83°05′W; 28°55′ N; 83°30′W; 29°42′ N; 84°00′W; 29°20′ N; 85°00′W; 30°00′ N; 87°10′W; 30°00′ N; 88°30′W; 28°45′ N; 88°55′W; 28°45′ N; 90°00′W; 29°25′ N; 94°00′W; 28°20′ N; 96°00′W; 27°30′ N; 97°00′W; 26°00′ N; 97°00′W; 25°58′ N; 97°07′W; westward along the U.S./Mexico border to 32°32′03″ N, 117°07′25″ W; 32°30′ N; 117°25′W; 32°35′ N; 118°30′W; 33°05′ N; 119°45′W; 33°55′ N; 120°40′W; 34°50′ N; 121°10′W; 38°50′ N; 124°00′W; 40°00′ N; 124°35′W; 40°25′ N; 124°40′W; 42°50′ N; 124°50′W; 46°15′ N; 124°30′W; 48°30′ N; 125°00′W; 48°20′ N; 128°00′W; 48°20′ N; 132°00′W; 37°42′ N; 130°40′W; 29°00′ N; 124°00′W; 30°45′ N; 120°50′W; 32°00′ N; 118°24′W; 32°30′ N; 117°20′W; 32°32′03″ N; 117°07′25″ W; eastward along the U.S./Mexico border to 25°58′ N, 97°07′W; 26°00′ N; 97°00′W; 26°00′ N; 95°00′W; 26°30′ N; 95°00′W; then via 26°30′ N; parallel to 26°30′ N; 84°00′W; 24°00′ N; 83°00′W; then Via 24°00′ N; parallel to 24°00′ N; 79°25′W; 25°40′ N; 79°25′W; 27°30′ N; 78°50′W; 30°45′ N; 74°00′W; 39°30′ N; 63°45′W; 43°00′ N; 65°48′W; to point of beginning. LOL

Your question cannot be answered without the coordinates of the location you were at.

 

[JAW]

All federal law enforcement agencies have an established civilian complaint procedure. Whichever Ranger you have the beef with, contact his agency and ask how to file a civilian complaint. File the complaint, wait six months, and from what you posted, the complaint wil be "unsubstantiated" i.e., your word against the Ranger's.

ps I don't think you have anything to worry about regarding the interfering with a federal agency. But it will be a hassle (expensive) to get it sorted.

 

[MAvic_South_Oz]

Good luck with this . . .
Hopefully when you give your statement, there will be no further action and the violation rescinded should it turn out you were doing nothing wrong.

Also, if you do go to court with the violation, hopefully common sense will prevail, the fact (it appears) you were 100% within legal operation, and not any sort of violation against LE.
You should push for costs at the very least.

I think they may quash the ticket though before any court hearing, usually what happens when the plaintiff is on shaky ground.
The 2 parties who brought this on you should be counselled on their actions, if you are finally validated as having done nothing wrong.

 

[430Ferrari]

Swallow your pride, pay the fine, beg for forgiveness and hope you get your drone returned.

The government has an abundance of resources to make your life miserable and bankrupt you with attorneys fees in the process. Just ask General Mike Flynn.

I would avoid any areas within 10-15 miles of our borders. You’re just asking for trouble if you don’t.

 

[430Ferrari]

All federal law enforcement agencies have an established civilian complaint procedure. Whichever Ranger you have the beef with, contact his agency and ask how to file a civilian complaint. File the complaint, wait six months, and from what you posted, the complaint wil be "unsubstantiated" i.e., your word against the Ranger's.

ps I don't think you have anything to worry about regarding the interfering with a federal agency. But it will be a hassle (expensive) to get it sorted.

Speaking from experience, I would suggest you NOT file a complaint against any LEO. They have unions and prepaid legal counsel to file a civil lawsuit for defamation. You may prevail in court, over a three day jury trial, but it will cost you thousands in legal fees. Ask me how I know.

Apologize and politely ask that your drone be returned to you.

 

[Live LA]

Video record any interation that you have the LEO that way it saves speculation and protects both parties from their bias perspective or point of view.

 

[Maviac]

I am not a lawyer, but ....

I am a lawyer, and my guess is that nothing much will become of this in the end. That said, I’d hire an aviation lawyer (and there aren’t that many of them -PM me if you need help tracking one down. I know a few). And finally before you start trying to sue the BLM, FAA, etc., you might want to get past whatever charges you’re dealing with.

 

[Stealthbomber]

“Just because you can, doesn’t mean you should” comes to mind! You’re flying within a 100’ of an international border and your having a hissy fit because a BP is giving you a hard time. I don’t think “rookie” has anything to do with it except maybe on your part! Common sense goes a long way in life!!!!!! and we wonder why drone bureaucracy is on the rise!

 

[BorderMavik]

“Just because you can, doesn’t mean you should” comes to mind! You’re flying within a 100’ of an international border and your having a hissy fit because a BP is giving you a hard time. I don’t think “rookie” has anything to do with it except maybe on your part! Common sense goes a long way in life!!!!!! and we wonder why drone bureaucracy is on the rise!

Hissy fit? You and some others in this thread can't read very well. I was flying LEGALLY and from my drone playback recordings NOT in an ADIZ. The BP agent and Ranger could care less about an ADIZ. I doubt the FAA will either, in THIS CASE. I couldn't have filed a flight plan anyway, IF i were flying in the ADIZ. CBP essentially invited the public to go see for themselves the need for a replacement wall! So I went to see for myself and recorded it. For those who don't have a clue about real flying around the southern border, either in a real aircraft or with a drone, I suggest you get some real experience, before flapping your jaws. I did go to the BLM field office and requested the drone back and the chief LEO actually called me on a Sunday to say the court date was locked in. He was cool about it. Nothing against the BLM folks in the office. Some of you want to just dismiss this and talk about "common sense" and "pride" but miss a much bigger issue of ones civil rights. Do we just lay down and let a few government bullies take our possessions? I am not one of them. If you are, then stay home and watch more TV and just read about the issues. The government agents may have the ultimate power over me in the field, but I will bet when my day comes in court, there will be EQUAL JUSTICE UNDER THE LAW. I am done with the writing and defending myself here. Posted this to help others. Semper Fi.

 

[Drone on]

I am new to this Forum, but not a new Mavik pilot. I am a long-time FAA certificated pilot. I post this to bring awareness of what a "Law Enforcement" agency, can do to make your life miserable. I have read about many "incidents" of drone pilots flying over wildfires, EMTs, rescue operations, etc. I have never done any of this, nor will I unless I have the proper clearances. What happened to me is an assault on my basic right to fly in an isolated desert. Details...June 9th, I drove over to the California Yuha Desert BLM public land and there was no one to be seen for miles...no Border Patrol, no BLM Ranger. I was there to photograph a certain section of the vehicle border barrier that was selected by CBP to be replaced with the 30 foot bollard style fencing. CBP put out a Public Notice for input and I went there to see it for myself. As I am flying my Mavik in US airspace, about 100 feet back from the official border boundary with Mexico, a young BP agent comes along and gets real close to me talking loud and asking questions. I tell him I am operating an aircraft (drone) and will talk when I land it. Not good enough for this youngster punk, he loudly peppers me with more questions, and now I lose eye contact with the drone and hit RTS just to get it back in view. Long story short, he calls his buddies and after hours of dogs sniffing and supervisor involvement, they begin to realize I am no Illegal. LOL. But then the worse happens...they call the BLM Ranger since only he has the authority to seize my Mavik, which in hindsight seems to be what they wanted. After a recorded discussion with the Ranger, I reluctantly give up my Mavik to the Ranger as "evidence" and get a Violation for "Creating a Hazard or Nuisance" and we part ways. Court date is this September 10th. The Certified Mail letter I got today from FAA states they are "investigating an incident" and that it was reported I "interferred with the operation of a law enforcement agency" and they want my statement/evidence. I contacted this same FAA FSDO office in San Diego and asked to file a complaint against the BP agent for interfering with my flight operation. Crickets. So depending on what happens in Federal court, I just may file a lawsuit naming CBP, BLM, and now FAA as defendants. Sage advice from knowledgeable pilots?

Curious as to why they would think an illegal would hang around to fly a drone. Is it possible they thought you were aiding illegals, or filming for the future purpose of aiding illegals?

It may be that they didn't care to have their operation filmed in the case you were building a case against the operational tactics.

Did you explain to them what you were doing? I didn't see that in your narrative.

 

[Dan C]

I appreciate your comments and those of the others. I get what your saying about deleting the post. I choose to keep it for good reasons. Legal team agrees. As clarification, the upcoming Federal court date is about the Violation issued by BLM Ranger for "creating a hazard or nuisance" NOT any violations from BP and it is not "litigation". The BP agents and their supervisor knew they had nothing to get me on, so they had me wait for over 1.5 hours for "someone" that wanted to talk to me. LOL. They wanted someone with the power and jurisdiction, like the Ranger, to interrogate me and find some tiny cause to seize the aircraft. I have flown in private aircraft on top of the border many times. It is an ADIZ and know all about procedure. No issues at all, but of course, no one could physically harass me in flight, until I land. I live close to the border and have many BP friends in my community and they are disturbed at this rogue agents actions, but of course can't come to my defense. I merely need to convince the judge with my photgraphic evidence that my flight operation was legal, and did not interfere with a law enforcement operation. Will let you all know.

All that is required for evil to flourish is for good men to do nothing.

I for one applaud the course you’ve chosen. Push back.

 

[texasgrape]

I am new to this Forum, but not a new Mavik pilot. I am a long-time FAA certificated pilot. I post this to bring awareness of what a "Law Enforcement" agency, can do to make your life miserable. I have read about many "incidents" of drone pilots flying over wildfires, EMTs, rescue operations, etc. I have never done any of this, nor will I unless I have the proper clearances. What happened to me is an assault on my basic right to fly in an isolated desert. Details...June 9th, I drove over to the California Yuha Desert BLM public land and there was no one to be seen for miles...no Border Patrol, no BLM Ranger. I was there to photograph a certain section of the vehicle border barrier that was selected by CBP to be replaced with the 30 foot bollard style fencing. CBP put out a Public Notice for input and I went there to see it for myself. As I am flying my Mavik in US airspace, about 100 feet back from the official border boundary with Mexico, a young BP agent comes along and gets real close to me talking loud and asking questions. I tell him I am operating an aircraft (drone) and will talk when I land it. Not good enough for this youngster punk, he loudly peppers me with more questions, and now I lose eye contact with the drone and hit RTS just to get it back in view. Long story short, he calls his buddies and after hours of dogs sniffing and supervisor involvement, they begin to realize I am no Illegal. LOL. But then the worse happens...they call the BLM Ranger since only he has the authority to seize my Mavik, which in hindsight seems to be what they wanted. After a recorded discussion with the Ranger, I reluctantly give up my Mavik to the Ranger as "evidence" and get a Violation for "Creating a Hazard or Nuisance" and we part ways. Court date is this September 10th. The Certified Mail letter I got today from FAA states they are "investigating an incident" and that it was reported I "interferred with the operation of a law enforcement agency" and they want my statement/evidence. I contacted this same FAA FSDO office in San Diego and asked to file a complaint against the BP agent for interfering with my flight operation. Crickets. So depending on what happens in Federal court, I just may file a lawsuit naming CBP, BLM, and now FAA as defendants. Sage advice from knowledgeable pilots?

You broke no law; it will be thrown out; these people on this site telling you that you did naughty things are wrong; seems those people always say something like: "Don't take chances; you should know; why would you do that; go fly somewhere else"; Fly safe; fly within the law; you did; do they have a right to search? probably Seize? probably; Let us know and don't listen to the guy who said that you are in big trouble--go to court; tell you side; it's done!

 

[johnmeyer]

You broke no law; it will be thrown out; these people on this site telling you that you did naughty things are wrong; seems those people always say something like: "Don't take chances; you should know; why would you do that; go fly somewhere else"; Fly safe; fly within the law; you did; do they have a right to search? probably Seize? probably; Let us know and don't listen to the guy who said that you are in big trouble--go to court; tell you side; it's done!

I don't like the over-regulation of our lives, and usually have the same reaction as you to the people in this forum who berate an OP for some meaningless minor infraction.

I get quite sick of those posts.

However ... the reason I probably sound like those people in this particular thread is that I have tremendous respect for law enforcement people, and border patrol agents in particular, some of whom I know. I fully understand why they take a strong authoritarian attitude towards everyone: they can't afford to be wrong by thinking, "this guy looks harmless enough ... I'll let my guard down, and just saunter over there and have a friendly chat."

They are trained NOT to do that.

As for the activity being harmless, or being something that an illegal would not do, the fact is that much of the border crossings -- especially in recent years -- are not random acts by single individuals sneaking across, but instead are well-organized, with people on both sides of the border aiding and encouraging the activity, en masse. I have no doubt that there are fully-documented people (i.e., not illegals) on this side of the border who provide information on safe places to cross, and provide information on current BP activity in the area. I suspect that this is exactly what this agent was reacting to.

 

[Lonjsnyder]

Sounds to me this may have escalated because the agent felt you were not recognizing his authority by telling him you’ll talk to him after you land

 

[texasgrape]

Sounds to me this may have escalated because the agent felt you were not recognizing his authority by telling him you’ll talk to him after you land

Pilots are instructed to say exactly that! "Let me land then we can talk" It's a safety thing

 

[texasgrape]

I don't like the over-regulation of our lives, and usually have the same reaction as you to the people in this forum who berate an OP for some meaningless minor infraction.

I get quite sick of those posts.

However ... the reason I probably sound like those people in this particular thread is that I have tremendous respect for law enforcement people, and border patrol agents in particular, some of whom I know. I fully understand why they take a strong authoritarian attitude towards everyone: they can't afford to be wrong by thinking, "this guy looks harmless enough ... I'll let my guard down, and just saunter over there and have a friendly chat."

They are trained NOT to do that.

As for the activity being harmless, or being something that an illegal would not do, the fact is that much of the border crossings -- especially in recent years -- are not random acts by single individuals sneaking across, but instead are well-organized, with people on both sides of the border aiding and encouraging the activity, en masse. I have no doubt that there are fully-documented people (i.e., not illegals) on this side of the border who provide information on safe places to cross, and provide information on current BP activity in the area. I suspect that this is exactly what this agent was reacting to.

I have not and will never say anything bad publicy about our law when questioning drone flying; I agree with you and I guess I have a chip on my shoulder to folks 'giving in' and saying "don't fly there; go fly over there' and "why would fly by an airport" etc when that pilot took the time and spent the money to know the law--it's why I did; I fly by an airport all the time and I don't notify (per 107 regs) God bless Part 107 LOL

 

[Forensics_Pilot]

Very simply my friend, if indeed you are being summoned to U.S. Federal Court, the best thing you can do is hire a lawyer, whom you may have to educate a little regarding your “intentions” with respect to the law as you understood it. Having testified in numerous U.S. Federal District courts, I can only tell you, Federal Court is no place for rookies. Spend the money, get you an attorney in order to minimize any potential and unforeseen penalties. Good luck to you.