06 Aug Law
Soar Airlines Flight 13, a Boeing 737 was scheduled to depart Baltimore (“BWI”) for a routine flight to New York LaGuardia Airport (“LGA”). Departure time was 0700. The aircraft along with the crew had laid over in Baltimore the night before.
At 0615, the pilots and flight attendants arrived at the airport and proceeded through security. While passing through, a Transportation Security Agency (TSA) inspector, a federal officer, thought he smelled alcohol on the breath of the captain of the flight, John Budweiser. He told Capt Budweiser to wait a second and walked over to his supervisor for advice. The supervisor told him to contact Soar Airlines Station Manager. While the inspector was talking with his supervisor, Capt Budweiser became agitated and General Instructions for Learning Activities 1 & 2: started yelling threatening remarks and charged toward the inspector swinging his flight bag at him. The inspector tried ducking and fell backwards suffering an injury to his left arm. During the struggle, a Baltimore City police officer on patrol intervened and grabbed Capt Budweiser, knocking his flight bag to the ground. The bag popped open when it hit the ground. Capt Budweiser tried to pull away from the police officer who pushed him to the ground. Because of the struggle, the police officer put handcuffs on Capt Budweiser to restrain him and put him in a seat in the area. The police officer went to pick up Capt Budweiser’s flight bag and in attempting to close it detected a small bag of a white powdered substance. He took the small bag of white powder from the flight bag and brought it and the flight bag to Capt Budweiser who claimed the white powdered substance was not his.
When the Station Manager arrived on the scene, both Capt Budweiser and the inspector were seated with the police officer. With the exception of the First Officer, the rest of the flight crew had proceeded to the aircraft.
The inspector explained to the Station Manager that he thought Capt Budweiser had been drinking. The police officer described the struggle as well as his finding of the white powdered substance and said that he had no choice but to place Capt Budweiser under arrest for possession of a controlled substance. Capt Budweiser was taken to the police station was booked and released a few hours later.
What criminal action could be taken against Captain Budweiser with respect to the TSA Agent? What charges and how made? Does Capt Budweiser have a defense in this criminal action? Why?
At the Police Station Capt Budweiser was charged with possession of a controlled substance. Did the police follow proper procedure in subduing Capt Budweiser? Why? If the white powdered substance found in the flight bag by the police tested positive for cocaine, would that evidence be admissable in trial? Why or why not? What defense could Capt Budweiser have?
Learning Activity #2
QUESTION 1:
In an episode of the TV show Cops the police loaded a truck with boxes purporting to contain TV sets and parked it on a city street. The rear cargo door of the truck was left open clearly showing the cargo. Each time someone entered the truck and helped himself to a box, the police pounced on him and arrested him for theft.
Answer one of the two questions below:
A. Is this Entrapment? If so, how does the police get away with it?
B. If you do not think it is Entrapment, why isn’t it? Should it be considered Entrapment?
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