Can Georgia Police Detain Me If I’m on the “No-Fly List”?

Following the September 11, 2001, attacks, the federal government created a “No-Fly List” composed of persons identified by the FBI’s Terrorism Screening Center (TSC) as suspected or possible members of terrorist organizations. A person on the No-Fly List cannot board an aircraft traveling within, to, or from the United States. State and local law enforcement may also access the No-Fly List to search for individuals. It is important to emphasize, however, that a person’s presence on the No-Fly List does not mean they are accused or convicted of any crime, nor does it indicate there is any active warrant for their arrest.

Federal Court Allows Civil Rights Lawsuit Against Georgia State Patrol Officers to Proceed

So what happens when local police use the No-Fly List as a justification for extending a routine traffic ticket stop? An ongoing federal civil rights lawsuit, Meshal v. Commissioner, Georgia Department of Public Safety, looks to answer this question. The plaintiff in this case is a professional truck driver who was detained for approximately 90 minutes after being pulled over on a simple traffic violation. Local police then extended the stop after learning the plaintiff was on the No-Fly List.

According to the plaintiff’s lawsuit, he was driving his semi truck through Georgia when he was stopped by an officer with the Georgia State Patrol. The officer said he pulled the plaintiff over because he was following the vehicle in front of him too closely. Initially, the officer said he was only giving the plaintiff a “courtesy warning” and would not issue a ticket.

The officer then proceeded to ask the plaintiff a series of questions, including whether he had ever been arrested in the past. The plaintiff said he was arrested a “long time ago and could not remember what for, but that it was probably for driving with a suspended license.” The officer then asked for permission to search the plaintiff’s truck. The plaintiff refused. The officer then conducted a pat-down search of the plaintiff and confiscated his cell phone. The officer also called for a K-9 unit to conduct a sniff around the plaintiff’s truck. During this time, the plaintiff was detained in handcuffs in the officer’s patrol car.

It turned out that the plaintiff was on the No-Fly List. When the officer conducted a search, he found the plaintiff’s name. However, the No-Fly List notice the officer received also contained explicit instructions not to detain or arrest the plaintiff unless there was evidence he committed a crime. Nor was the officer supposed to extend the scope or duration of the traffic stop without cause.

Here, the officer eventually released the plaintiff after 90 minutes, as he committed no crime. The plaintiff subsequently filed a federal civil rights lawsuit against the officers who detained him and the Georgia Department of Public Safety. A federal judge declined to extend “qualified immunity” to the defendants. The United States 11th Circuit Court of Appeals later affirmed that decision, holding that based on the plaintiff’s allegations, the officers had no basis for extending their traffic stop based solely on the plaintiff’s presence on the No-Fly List.

Contact an Atlanta Traffic Ticket Defense Lawyer Today

A simple traffic stop should not lead to a gross violation of a person’s civil rights. If you need legal advice or representation from an experienced Atlanta traffic ticket defense lawyer, contact Hawkins Spizman Trial Lawyers Today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

scholar.google.com/scholar_case?case=17674979475912044352