FBI spy aircraft tracking terrorism suspects

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FBI spy aircraft tracking terrorism suspects

WASHINGTON (AP) =97 The FBI has a fleet of aircraft, some equipped with=
 night=20
surveillance and eavesdropping equipment, flying America's skies to track=20
and collect intelligence on suspected terrorists and other criminals.  The=
=20
FBI will not provide exact figures on the planes and helicopters, but more=
=20
than 80 are in the skies. There are several planes, known as=20
"Nightstalkers," equipped with infrared devices that allow agents to track=
=20
people and vehicles in the dark.
Other aircraft are outfitted with electronic surveillance equipment so=20
agents can pursue listening devices placed in cars, in buildings and even=20
along streets, or listen to cell phone calls. Still others fly photography=
=20
missions, although officials would not describe precise capabilities.  The=
=20
FBI, which has made counterterror its top priority since Sept. 11, has=20
sharply increased its use of aircraft.

"You want to watch activity, and you want to do it discreetly. You don't=20
want to be sitting around in cars," said Weldon Kennedy, a former FBI=20
deputy director who retired in 1997 after 33 years with the bureau.=20
"Aviation is one way to do that. You don't need to get close to that person=
=20
at all."  Some critics say the surveillance technology further blurs the=20
boundaries on domestic spying. They point to a 2001 case in which the=20
Supreme Court found police had engaged in an unreasonable search by using=20
thermal imaging equipment to detect heat lamps used to grow marijuana=20
plants indoors (Related story: High court rejects heat detector=20
search).  "The cop on the beat now has Superman's X-ray eyes," said Barry=20
Steinhardt, director of the technology and liberty program at the American=
=20
Civil Liberties Union. "We need to fundamentally rethink what is a=20
reasonable expectation of privacy."

All 56 FBI field offices have access to aircraft, piloted by FBI agents who=
=20
have other investigative duties as well. Most aircraft are propeller-driven=
=20
civilian models, favored for their relatively slow speed and unobtrusive=20
appearance.  Legally, no warrants are necessary for the FBI to track cars=20
or people from the air. Law enforcement officials need warrants to search=20
homes or to plant listening devices or monitor cell phone calls =97 and that=
=20
includes when the listener is flying in an airplane.  A senior FBI=20
official, speaking on condition of anonymity, said the FBI does not do=20
flyovers to listen to telephone calls and gather electronic data from=20
random citizens in hopes the data will provide leads. Rather, the planes=20
are used to follow specific individuals, some of whom may already have been=
=20
bugged or for whom the FBI has a warrant to listen to cell phone=20
calls.  Still, the idea of an FBI air force gives at least some people=
 pause.

The FBI will not disclose where the planes are being used. This month,=20
however, in the college town of Bloomington, Ind., residents spotted a=20
Cessna aircraft flying overhead at roughly the same times every day for=20
more than a week. After first issuing denials, local FBI agents admitted it=
=20
was their plane, involved in a terrorism investigation.  FBI officials also=
=20
were quick to say it was not doing electronic eavesdropping.  "There should=
=20
be no concern that the aircraft is doing anything other than assisting with=
=20
physical surveillance," said FBI agent James Davis.

The FBI has been using airplanes since 1938, when an agent in a Stinson=20
monoplane helped stop an extortion attempt that involved a payoff package=20
thrown from a moving passenger train. The first major deployment happened=20
in 1975 during the investigation of the killings of two FBI agents at the=20
sprawling Pine Ridge Indian Reservation in South Dakota.  The program has=20
been particularly useful in investigations of organized crime and drug=20
trafficking. Mobsters who suspected their homes and telephones were bugged=
=20
frequently held meetings in moving cars, not realizing that bugs also were=
=20
placed there and were being monitored from the air.  Aircraft are now seen=
=20
as ideal in the FBI's domestic war on terror. FBI Director Robert Mueller=20
said last year there was a 60% increase in field office requests for=20
airplanes in the year after the Sept. 11 attacks, with almost 90% of air=20
missions now dedicated to surveillance.

"You don't have a criminal case. You don't necessarily have a terrorism=20
case. You want to know what they are doing, who their associates are, who=20
they are meeting with," retired agent Kennedy said. "Surveillance is going=
=20
to have a pretty big role in that."  Congress approved this year a $20=20
million increase in the FBI's aviation budget but denied a request for two=
=20
new Black Hawk helicopters. It also ordered the bureau to develop a master=
=20
plan for its aviation program.  The FBI also can request aviation help from=
=20
the Defense Department. That can involve a great deal of bureaucracy and=20
care, however, to ensure the military does not violate laws preventing them=
=20
from doing law enforcement work within the United States.


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