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Kings Detained on Eight-Year-Old Stolen Aircraft Report

By Mark Phelps / Published: Sep 01, 2010
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Flying Magazine | The World’s Most Widely Read Aviation Magazine
Photo: Mark Phelps

Aviation is still buzzing over the N-number mix-up that led to a profound law enforcement blunder. It's pretty clear that none of the Santa Barbara (Calif.) police who responded to a stolen aircraft alert last Saturday are pilots. Who among us would not have recognized John and Martha King as they deplaned from a 2009 Cessna 172? To say nothing of mistaking the 21st century Skyhawk for a 1968 Cessna 150.

While the episode is grist for one more humorous backdrop to a King Schools instructional video, it wasn't funny at the time. The police detained the Kings at gunpoint and handcuffed them in the back seats of two patrol cars for half an hour while the confusion was resolved. As John King pointed out; the potential for a tragic outcome was far too real. The police were responding to a call from the El Paso Intel Center (EPIC), an element of the U.S. Drug Enforcement Agency. EPIC notified the Santa Barbara PD that an alleged stolen aircraft, Cessna N50545 was on an IFR flight plan to Santa Barbara Airport. A 1968 Cessna 150 bearing that tail number was reported stolen in 2002 by the McKinney, Tex., police, and the registration number subsequently removed from FAA circulation in 2005. It was reassigned to the 172 that the Kings had leased from Cessna.

The police explained that they were responding appropriately to a report, though they were not familiar with EPIC, and as the Kings pointed out, an Internet check of FAA records (by either EPIC or the Santa Barbara police) would have revealed the error. The lesson to be learned, say the Kings, is that authorities need to do a better job of updating stolen-aircraft lists, and some simple logic should come into play before guns are drawn. John King wrote, "They failed to exercise the standard of care that should be required before you put citizens at gunpoint." For the latest on the investigation and his view on the apology from the Santa Barbara Police Department, go to John King's blog at johnandmartha.kingschools.com/.

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RichardRJ's picture

I DO NOT FIND ANY HUMOR WHATSEVER IN THIS ARTICLE I had to re-read the story to actually believe that this incident happened in United States America and not some third world country. I am appalled that we have let things go so far that we will actually accept this type of incident as an isolated example of "bad judgment".

salperin's picture

We spend sooo much time in our country being "politically correct with our treatment of illegal aliens", and look how we treat our citizens! This is another example of too much government and no coordination of departments.

stevensond's picture

GA flying has become discouraging because of the layered requirements to make a 15 minutes flight
to the Bahamas and elsewhere. The requirement of stickers; ifr flite plan; 12 hr advanced filing of separate customs/immigration manifest both in and out; transponder code; waiver forms; ice requirements on arrival. While the basic IFR filing is understandable, the rest is redundant data that is a recent product of Homeland Security and TSA. It results in Government run amuck! AOPA let this crap get by at our expense. How can Government get away with complicating GA for U.S. citizens while allowing 500,000 Mexicans roam free. Stupid!!!!

Kamala's picture

A similar incident happened to me at Lansing, MI airport a few years ago. On May 23, 2003, my instructor and I were on an IFR plan training flight from Fort Wayne, IN accompanied by my wife. We landed at Lansing, taxied to the FBO, visited the facilities, took the usual photographs at the FBO entrance and other airplanes on the field, got back in the plane and requested to activate my clearance for the return flight to FWA. The tower told me to hold my position at the ramp as "some one wanted to talk" to me. I read back and complied with the instruction.
As my instructor and I were discussing what I might have screwed up while landing and taxiing to draw the ire of the FAA, several police cars with flashing lights surrounded the plane and we were asked to get out of the plane and produce identification. Though there were several uniforms around, no guns were drawn that I was aware of and we were not handcuffed. As we stood around on the ramp, while we were each questioned separately, at no time we were told what it was about except for the remark, "did we not know that there was an orange alert" and that we were observed taking photographs. We were asked to show all the photographs in the digital camera. I did have to ask my instructor to keep his cool after he was asked how well he knew me. After about 40 minutes of standing around waiting, we were allowed to get back in the plane and fly home. I wrote to the airport for an explanation and sent a letter to AOPA regarding the incident. I got no response from the airport and I got a reply from AOPA about heightened security at airports.

Perhaps not incidentally, my wife and I are immigrants from India.

Kimo's picture

The seriousness of this incident shouldn’t be sweep under the carpet by the news media or the flying public. Having loaded weapons pointed at your body by overzealous law enforcement people can only lead to tragedy. It’s hard to believe that no one looked at the name on the flight plan or typed the tail number into the FAA Registry to verify the legal owner. This drama started long before the King’s arrival at SBA; insufficient time to research the aircraft isn’t a viable excuse. It took me about 30 seconds on the computer to obtain the ownership information and “N” number reassignment. Besides, who files a flight plan with a stolen airplane? All the tower personal had to do was ask the pilot’s name; they had the departure airport on the flight plan strip. This could have ended sadly for the King’s and GA.

kpspe's picture

Unacceptable performance by overzealous American police.
Several heads should roll at the Santa Barbara police department over this incident.
The US Constitution says something about a 'well regulated militia'.
Santa Barbara police are anything but 'well regulated'.
Keystone Cops with real guns.

Unacceptable to have so little control over their actions when sufficient time to double check information that they were prepared to draw weapons over existed.
Unacceptable judgment to draw weapons.
Compounded by unacceptable judgment to not holster them when finding that the passengers were an older couple.
Compounded by unacceptable judgment to handcuff them as if they were a risk.
Compounded by inadequate apology from law enforcement and their plan to correct the problem so that no Santa Barbara law enforcement officer ever behaves as amateurishly and unprofessionally again.

Ed Cook's picture

This is an example of the arrogance of our law enforcement community. They presume guilt, and act accordingly and when mistakes are made, usually answer to no one. There is no transparency either, notice it is unlawful to record, video or just voice, the actions of police officers in many locations. Conduct like this cannot be swept under the rug. I truly hope to see more about this, and situations like it in Flying and other media exposing police un-professionalism. The only way this abuse will stop is by citizens making it stop (the squeaky wheel gets the grease). We would be having very different conversations if one of those guns had accidentally discharged and one or both of the Kings were no longer with us. I hope Flying has the "grit" to start a "watchdog" program of sorts which will help develop the transparency we need with law enforcement.

rossaire's picture

Agreeing with all the comments above..."United we stand, divided we fall". Where will we draw the line? We have these issues today because we tolerate them.

pdrav8r's picture

The 'buck' should not stop at the Santa Barbara PD. The 'buck' should go all the way up to George Busch, and others who have spread fear ever since 9/11. George Orwell had it right when he wrote '1984'. It took a little longer than he predicted, but our society has suffered mightily from self-serving politicians spreading fear. If politicians don't have the common sense to lead with courage, rather than to try to gain power by spreading fear, they should be prosecuted for malicious mischief. If law enforcement personnel can't show more common sense and self-control, they should be encouraged to find a different line of work.

RichardRJ's picture

pdrav8r hit the nail right on the head. 1984 amen !! So what are we going to do about it ???

Mark12A's picture

I love it. It's all Bush's fault. Having spent more years as a police officer than I care to count up, I guess I have a different perspective. In the 70s and 80s there were many aircraft stolen for use by drug smugglers. They were usually well armed and would shoot it out with police if encountered when they landed on a back road.

In addition, the National Crime Information Center (NCIC) is where we would go to check an aircraft's number, and it would return a hit if it had been reported stolen, or if it had been used in criminal activities. Of course, this was before George Bush, but we would still take precautionary action.

It's unfortunate that John and Martha were subjected to this type of treatment. It could have been worse--a Florida Highway Patrol officer shot and killed a man who was in a car that had been erroneously reported as stolen when he appeared to reach for a weapon after being told to not move. A tragedy, but hardly the fault of the police officer.

The fault in both cases lies with the organization or individual who did NOT notify the original police authority that the registration number was no longer associated with a stolen aircraft.

Vicious's picture

I don't blame the Santa Barbara Police Department. The King's are pretty sketchy looking. Perhaps the SBPD should have consulted their Psychic for assistance!

sweish's picture

The Santa Barbara Police are at best only partially at fault in this. They can only operate based on information provided by other law enforcement agencies. The failure in this event is on the listing agency for not canceling the BOLO when the registration was reissued.

SBPD's procedure to detain the Kings, while unfortunate based on our small aviation community's knowledge of John and Martha, is the standard for investigating occupied, stolen conveyences.

Twenty-twenty hindsight is easy. Officers have to make immediate decisions based on the best information available to them. In my three decade law enforcement career, I personally have faced dozens of stolen vehicles occupied by armed persons that many of us would presume unthreatening, including on more than one occasion children.

A viable solution would be for the FAA to have previously issued Registration numbers checked via the National Crime Information Computer (national law enforcement's) system, by prior to reissuing them to new aircraft.

Defiance1136's picture

Has anyone checked to see how many more stolen aircraft numbers have been re-issued? Or do we just do it one airplane at a time. I can't believe it happened twice on this plane.

fl450's picture

The Kings should pursue civil legal action, if a case exist against any of the parties involved. That is the only way to get the attention of those responsible for oversight of the authorities. Cities and counties don't seem to care what their incompetent cops are doing until it affects their piggy banks. This must be prevented from happening again, especially on the eve of the FAA's program to free up dormant N numbers.

goatspot's picture

Maybe if any of you knew of the dangers involved in law enforcement, you wouldn' t be so "overzelous" to fault the police yourselves.

You need to understand, the officers did not know who was in the plane or what their intentions were, they only knew that it was reported stolen. Police don't have a magic ball. Should someone have updated the system? Yes. But to blame the officers for doing their jobs is down right wrong. People lie and hurt police officers everyday, so they have err on the side of safety.

I know it is so easy to blame the police because of your own ignorance to what they have to go through on a day-to-day basis. "They are out of control, incompetent, and some kind of minions of George Busch". Instead of letting cooler heads prevail and investigate where the break down in communications was, we need to sue the cops, take their jobs from them, and start a witch hunt. Paul Harvey might help you understand a little of what it is like to be a police officer, http://www.youtube.com/watch?v=bB9-NcunsKc

The "simple logic" here Mr. and Mrs. King is that the police were told the plane was stolen. They didn't know who you were, or what you were about. I am sorry this happened to you and the enitities involved should get their information updated so this doesn't happen again. My favorite statement, besides the George Busch guy, was "They failed to exercise the standard of care that should be required before you put citizens at gunpoint." When you understand why they did what they did, with the information they had, you will feel like a fool for making that statement.

I want to say thanks for the rush to judgment and condemnation of the police to the Kings, most of this forum and Flying Magazine.

Ironman's picture

Reality of this centuary and a very bad way to have to live. 1984 is here and as the world turns it is not getting better until we the people put our foot down and stop the various Governments and the clods who work there from rationalizing their existance and making far too may laws.

jbrack1's picture

The police department should be sued for false arrest. I realize the police are often in difficult and life threatening situations but this example speaks of very poor training, incompetency and terrible judgement.

Let's say that though they should be trained on airplane issues and weren't, it would have been easy to surround the plane with patrol cars, speak to the occupants over PA and explain that an aircraft of this registry number had been reported stolen. Ask for a slow and deliberate exit from the plan and explain that no guns will be drawn by authorities if cooperation is exibited. Etc., etc. There are all kinds of possibilities of handling this without drawn guns and for heaven's sake, after they are frisked for arms, why in the world are they left in handcuffs, when again, they can be asked to walk to a patrol car and get in the back seat.

Heads should roll indeed, from the chief's desk and more. The King's should not only receive an apology, but they should be compensated enough to make the department smart over their conduct.

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