WhatsaLizad wrote:
Actually, I am not a lawyer, but I think it works something like this:
If the person leaves, and an off duty cop in the next seat rummages through said persons bags, then finds, lets say a kilo of cocaine. If he says "a-ha! your under arrest", then it is illegal search and seizure and inadmissable.If in the same instance, a FA looking for a pillow accidently opens said bag and finds the coke, then says to off duty cop, "A-ha! look at this Mr. Policeman. Then the druggie is in trouble. The cop can use the evidence in that case.
Actually, it (the one kilo of cocaine discovered by the FA) is more likely to be inadmissable. The doctrine is known as plain view. In this example, for the coke to be admissable in a prosecution, (1) the cop would have had to be on-duty, and surveilling the flight and its passengers; (2) the coke would have had to fallen onto the cop's lap, and not be something that the FA told him about. (Contraband is not usually considered a danger. If the item that had been seen in or fallen out of the bag was a weapon, then the off-duty cop could have seized it and made an immediate arrest.) And if the flight crew called ahead to the destination airport, LEOs there might be able to effect a more legal search and seizure of the one kilo of cocaine.
Concededly off topic, but a more interesting example of search and seizure might be the following: HYPOTHETICAL BA flight from Jamaica to Miami to LHR. (Often, a high percentage (10 percent or more) of passengers on outbound BA flights from Jamaica are smuggling contraband on their person.) FA goes into the lav, discovers a broken condom with traces of white powder on the lav floor. Flight crew calls ahead to MIA to alert law enforcement of this discovery. Would law enforcement in Miami have probable cause (for a search) to X-Ray some/all debarking passengers there to see whether they are secreting contraband in their gastrointestinal tract? Should the LEO's conduct a similar search of any debarking flight or cabin crew?
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It seems that the Secret Service agent, and perhaps AA as well, failed to adhere to the FAA instructions and rules regarding problems encountered on boarding an armed LEO. Relevant excerpts from the FAA's published procedures are below (Emphasis is in the original). From the two AA statements, it appears that neither the BWI station manager or ground security coordinator were ever involved.
"WHILE FLYING ARMED:
1. It is ABSOLUTELY CRITICAL that you fulfill, in a timely manner, your obligation to notify the air carrier in advance of your intended travel. Your check- in process must be accomplished in full compliance with FAA requirements and air carrier policy.
2. You must use discretion to avoid alarming passengers or crew by display of the firearm.
3. If you are armed and traveling by air carrier, DO NOT SURRENDER YOUR FIREARM TO ANYONE.
4. If you cannot resolve a problem with any representative of the air carrier, to include the captain of an aircraft prior to departure, you should immediately request the assistance of the air carrier's GROUND SECURITY COORDINATOR or STATION MANAGER."
.....
"Any person traveling aboard an aircraft while armed shall at all times keep their weapon: (i)
Concealed and out of view, either on their person or in immediate reach, if the armed LEO is not in uniform. (ii) On their person, if the armed LEO is in uniform. (2) No person may place a weapon in an overhead storage bin."