Over zealous LEA jails 70yo glider pilot over non-existent airspace violation.

[wuzafuzz]

Aside from considering whether state and local law enforcement can enforce FAR's, some states have their own laws that apply.  When I was an airport patrol officer in So Cal I was aware of, and occasionally enforced, state laws and county ordinances affecting aviation.  It's been a long time but I think all the pertinent CA laws were in the Public Utilities Code.  My county had a long list of ordinances that applied on our county run airports as well. 

http://codes.lp.findlaw.com/cacode/PUC/1/d9/1
Chapter 3 is where all the stuff I remember is found.

[Al Sayre]

As a pilot who works at nuke plant I've had to put a stop to plant security over-reacting to low flying aircraft several times.   The key to stop this is to contact the Security Manager at the plant and show him/her in black and white what the  NOTAM actually says.  Last time I checked it simply said avoid overflight and loitering within 3 miles.   Communication is the key.  There is plenty of blame to go around, but it should start  with the pilot community near the plant making sure that the plant security understands what is a normal flight profile in the area. We routinely have aircraft flying down the MS river @ 500 -1000 ft agl and our security no longer panics because they understand it's a normal flight profile for our area and they know a typical GA aircraft couldn't do much more than scorch the paint on the side of our buildings.   

[Critical AOA]

As a pilot who works at nuke plant I've had to put a stop to plant security over-reacting to low flying aircraft several times.   The key to stop this is to contact the Security Manager at the plant and show him/her in black and white what the  NOTAM actually says.  Last time I checked it simply said avoid overflight and loitering within 3 miles.   Communication is the key.  There is plenty of blame to go around, but it should start  with the pilot community near the plant making sure that the plant security understands what is a normal flight profile in the area. We routinely have aircraft flying down the MS river @ 500 -1000 ft agl and our security no longer panics because they understand it's a normal flight profile for our area and they know a typical GA aircraft couldn't do much more than scorch the paint on the side of our buildings.

Something that I do routinely out of Memphis.   While I do not find any sort of flying boring per se, I do find flying at levels where it is hard to appreciate the landscape to be less interesting.   

[JeffDG]

I'm trying to figure out how an aircraft that makes no appreciable sound (due in the main to its lack of engine) could create a breach of peace at 1,000' AGL

[Flying Pig]

It has nothing to do with noise.  "Breach of the Peace" probably has several subsections. 

[SJFedor]

I'm trying to figure out how an aircraft that makes no appreciable sound (due in the main to its lack of engine) could create a breach of peace at 1,000' AGL

Because it's very possible that SC's statutes are worded as such, that something like "an aircraft (of any type) flying over (wherever) and causing a panic (actual or perceived)" can be placed into that definition. Re-read what Ned has said, he's a freaking Judge, and he did a very good explanation.

You're using common sense and acquired logic, since you know the difference between a glider, a cessna, and a 787. John Q Public typically has no (and I mean NONE) common sense, and can't tell the difference between a glider and a flying saucer. For all they knew, it was some new terrorist plane that's so stealthy that it makes no noise.

[Flying Pig]

HELLOOOO McFly....

We defeated Europe with gliders!!   Fill a glider full of paratroopers from the 82nd and 101st Airborne you can be quite dangerous!

[SJFedor]

HELLOOOO McFly....

We defeated Europe with gliders!!   Fill a glider full of paratroopers from the 82nd and 101st Airborne you can be quite dangerous!

Fill it with a General officer and too much armor plating and it gets quite dangerous, too.

And with that, i'm gonna make like a tree, and get out of here. 

[Buzz]

Aside from considering whether state and local law enforcement can enforce FAR's, some states have their own laws that apply.

Why would they go to all of the effort and expense to get those state laws, if they could enforce the Federal laws that they duplicate . . ?

The answer, of course, is that they wouldn't. 

If you look at state laws, you will see that the majority of them are directly copied from Federal law -- this is done to allow local cops to enforce such things as laws against drugs, laws requiring taillights on cars, etc.

Federal laws are enforced by Federal agents.  Unless there is enabling legislation to give authority to local cops (VERY rare in Federal law), they can only work under the authority of the Feds, generally under a warrant signed by a Federal judge.

[Ned]

Um, a fair number of South Carolina's criminal laws date from before there was a United States to crib from.

This is especially true for real old-school stuff like Breach of the Peace.

[stillamarine]

Aside from considering whether state and local law enforcement can enforce FAR's, some states have their own laws that apply.

Why would they go to all of the effort and expense to get those state laws, if they could enforce the Federal laws that they duplicate . . ?

The answer, of course, is that they wouldn't. 

If you look at state laws, you will see that the majority of them are directly copied from Federal law -- this is done to allow local cops to enforce such things as laws against drugs, laws requiring taillights on cars, etc.

Federal laws are enforced by Federal agents.  Unless there is enabling legislation to give authority to local cops (VERY rare in Federal law), they can only work under the authority of the Feds, generally under a warrant signed by a Federal judge.

Hehehe if you think I can't enforce federal law come on down here and break one for me. It's been awhile since I've seen the federal magistrate. Nice guy.

[Flying Pig]

^State/local cops may not actually arrest for the actual USC, but for any fed statute I bet I can find a state law that would apply.  At any rate, I can definitely detain you and call the appropriate a Federal agency to come and take it if that is needed.  In 16 years, Ive never run across anything that I had to call a fed?  Hmmmmm..   Maybe Ned can give some examples.  With the exception of dealing with immigration issues.  Ive detained illegals and called the Border Patrol who then came and took over.  Thats about it.  Any drug violation I can arrest for.  There may be a Fed connection if it involves trafficking, but its something that would stem from my arrest.  I would not need their permission to do anything.  Weapons are the same way.  States have their own Dept of Justice Agents that would work things with other counties.  No one agency "out ranks" any other agency.   The local Police Chief of a 5 man agency is responsible for his city the same way the Chief of LAPD is.  An elected Sheriff of a 10 man agency in a small county has the same jurisdictional authority as the Sheriff of San Diego County.  A Sheriff cant roll in to a city and "pull rank" nor can an FBI agent cant just walk in and say "I got it from here because this case looks fun." 

Ive been both a police officer and a Deputy Sheriff.  When I was a city police officer, sometimes the local Deputy would show up to assist me.  If the people were mad at me, they would turn to the Deputy and say "You are the Sheriff, tell this city cop he cant do this..."  Now that I am a Deputy, I stop people on the freeway and I get "You are a Sheriff, only the highway patrol can stop people on I-5"  I always respond with "That sounds like a great defense. I would encourage you to go with that one in court."   Needless to say, I havnt been to traffic court in years despite the large number of tickets Ive written.  When I worked Narcs, if there was a Fed connection, the ATF agent or the DEA agent on the team would work his angles. We never had to ask them for permission.  If things went across state lines, then it was up the feds on the team to pursue that.  Local cops can be granted federal powers for certain task forces.  Like the US Marshals Fugitive Team.  The Deputy Sheriff and the Police Officer assigned to that team are also Deputized US Marshals.  That allows them to go to other states to track down leads without worrying about jurisdictional boundaries on other states as it applies to chasing fugitives.   In the case of a federal search warrant.  Ive assisted on several of them.  I am assisting them as far as man power issues are concerned.  I am not "under their authority".   Because at the end of the day, its the Fed agents who are burning the midnight oil writing the arrest reports and booking evidence long after Ive gone home and popped open a frosty beverage 

Generally, I would arrest for the state violation and let the DA worry about giving it to the feds.  Interesting, Ive never asked a Fed to arrest anyone for me, but Ive been asked by Feds to arrest someone for them on state law violations.  Contrary to what Hollywood portrays, the feds dont roll through the crime scene tape, whip out their badges and relieve the local cops.   LEOs understand jurisdiction.  If its yours, its yours and you can have it. 

I dont see Feds out doing traffic stops and enforcing the CA Vehicle Code, which by the way, is where I netted probably the majority of my self initiated felony arrests and had the majority of my violent encounters.