Having your boat searched?

[jay_merrill]

Re: Having your boat searched?

You were stripped to your underwear at the boat launch?

 

[DRIFTER_016]

Re: Having your boat searched?

Definately file a formal complaint!!!!
Talk to a lawyer (initial consultation is free) I smell lawsuit!!! Especially since they made you strip in public!!!

 

[The-Machinist]

Re: Having your boat searched?

Im sure it did not help when I suggested that you would have to be "on something" to watch 2 guys fish through binocs for 14 hours
I am kinda afraid of raising hell, because I dont want to be a "marked man". I have always tried my damndest to do what I do in a proper and legal fashion and not sweat the small stuff, but I feel these badge toting morons waaaay overstepped thier boundries on this one.

 

[DRIFTER_016]

Re: Having your boat searched?

I have always tried my damndest to do what I do in a proper and legal fashion and not sweat the small stuff, but I feel these badge toting morons waaaay overstepped thier boundries on this one.

D#%m right they did, and they deserve to be publicly flogged for doing so!!!

 

[23eagle]

Re: Having your boat searched?

how many you hear of a situation when a cop asked to search something you say no, he says ok thanks sir you have a nice day ! sheeeaaat you gettin shake down now.

 

[haskindm]

Re: Having your boat searched?

The 4th ammendment does NOT apply to your boat, even if you live on it. This has been upheld by the Supreme Court. Unlike most other U.S. law enforcement authorities that require court-ordered warrants to search personal premises, the U.S. Coast Guard has authority to board a vessel without special warrant to enforce a variety of laws ranging from safety inspections to smuggling. They do not need probable cause. They may board for any reason or for no reason. Your boat is not your home.

 

[Dakota47]

Re: Having your boat searched?

Tell them to bit me,, they aint searching jack. Here in Wyoming there afraid of us gun totin hunters & fisherman,.

 

[Uraijit]

Re: Having your boat searched?

The 4th ammendment does NOT apply to your boat, even if you live on it. This has been upheld by the Supreme Court. Unlike most other U.S. law enforcement authorities that require court-ordered warrants to search personal premises, the U.S. Coast Guard has authority to board a vessel without special warrant to enforce a variety of laws ranging from safety inspections to smuggling. They do not need probable cause. They may board for any reason or for no reason. Your boat is not your home.

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Nuff said.

 

[alamosaddles]

Re: Having your boat searched?

In CT, authorities have authority to stop and board boats to check for compliance with fed/state law or to search without warrant.

Read on, this authority is not just applicable to CT, this is a nationwide authority to all LE, usually on the water and sometimes on land.

I'm just adding this point for clarification, because there seems to be a lot of discussion over which agencies have a right to search your boat without a warrant. . .the answer is NONE. Zero, zip, zilch. Not the Coast Guard, not the DNR, not the local Sheriff, nor anyone else who patrols the water. The Fourth Amendment guarantees you that.
If I'm underway and/or have somewhere to go, I am sorry, but I don't wish to submit to a warrantless search.

People who are not attorneys and have not actually been schooled on Constitutional law should refrain from making statements like this.

Specifically, the Fourth amandment which you so boldly quote tells you, DIRECTLY that you are wrong.

Text from WITHIN the Fourth Amendment states "Vessel Searches.--Not only is the warrant requirement inapplicable to brief stops of vessels, but also none of the safeguards applicable to stops of automobiles on less than probable cause are necessary predicates to stops of vessels.".

You did read the part that says "on less than probable cause" right? To clarify , that means that they don't even have to have probable cause to detain, board and search.

So, now that you know the Fourth Amendment TELLS YOU otherwise....
Furthermore, a 1924 Supreme Court case and ruling which is known within law enforcement as the Carrol Doctrine further addresses this.

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."Nuff said.

Same goes for Uraijit....Be sure before you speak, and if you are going to tell a LEO on that water that they are not searching your boat without a warrant, do it when you don't have plans the rest of the day, because you may be spending it in jail.

Law enforcement, on the water and in some cases on land, sometimes requires NO WARRANT to stop, search, frisk and seize. The Constitution itself says so, and the US Supreme Court, as well as many district courts and courts of appeals have concurred in the matter. This usually applies more so on the water than anything. Sorry to burst the bubble of those who think a warrant is a requirement when you are boating.

 

[BMOLCHANY]

Re: Having your boat searched?

This is a hot topic no matter how you put it. First of all there are many organizations out there that are not really well known that have the ability to conduct checks on your boat without anything other than being being there at the time. They are tasked by the local, state, and at times the federal goverment to do this for safety and enviromental reasons. Also do not forget about if you are on private property then all the rules change.
As far as sworn law enforcement goes on the water they have alot of freedom to start out. On land all it takes is reasonable suspecion to conduct a search. Also remember that if something is in plain sight then all bets are off and this is good fruit in the laws eyes. There is also a search of individuals for officer safety (Mapp vs. Ohio) that can occur within guidelines. I am not saying that they are right or that you are right I am just saying that you need to have all your ducks in a row before you start something. Video and knowledge goes a long way but if you open up a window you might not want what might fly in.

 

[NolaZach]

Re: Having your boat searched?

you best back up, DNR, Coast Guard, Marine patrol, local water police, have the authority to board you boat at any time. you refusal will get you arrested, and boat confiscated. a marijuana seed in a boat will get your boat confiscated. it is a '0" tolerance law, here.

That is crazy. Good thing I like quality so i don't have to worry about seeds

Its just too far though.. Seems to me most boaters drink (here at least). I don't drink at all I hate alcohol. Yet if I have a very little personal stash, I am a criminal. I think so many of our laws are base-less. Of course I already have plans on how to "clean" my boat upon site of an agent. Just doesn't seem right that you can drink and boat (not supposed to but not checked much here) but you are scum of the earth if you smoke. Heck on top of that I have never bought a pack of cigarettes in my life. I do one thing thats it.

An officer needs a warrant to force open anything locked. if you have a way of locking up something on your boat use that. Luckily I am new to boating and have yet to even see an enforcement agent on the bayou.

 

[haskindm]

Re: Having your boat searched?

You need to accept the fact that a boat is not your home. In the event that your boat is boarded and searched you will be required to open any locked spaces. Failure to do so could lead to confiscation of the boat. Your boat is NOT protected by the 4th ammendment.

 

[drewmitch44]

Re: Having your boat searched?

Never give permission for a search. If they have pc they will search . If they are asking just say no.

That happened to me one time. I did the whole safety check thing and i had everything that i was supposed to. I was asked to open my cooler, I did, no undersized fish in there. Then was asked permission to search my boat. I told the man no i dont want them to search my boat. He got on the radio on his boat and said a bunch of stuff i did not understand. A min or two later he says that by me telling him no to the search, that gives them probable cause to search!! I didnt have nothing to hide it was just a pain. They did the search and found nothing. but what is all that!! I said no so that gives them cause??? It makes me mad as hell. Why even ask then? I have not finished reading this thread im about half way down so ill keep reading on.

 

[drewmitch44]

Re: Having your boat searched?

I forgot to mention that I have long hair and have always had long hair since high school. He told me that the last guy with an older boat like that and had long hair was found with weed and beer and no fishing tackle at all. I said "So. What am i supposed to know him or something cause i got long hair too?" My wife was standing behind him and told him that his gun was un-buttoned to the holster. He asked her why she was looking at his gun and she said "wouldent you look at it if you were invaded like this?" She was pissed cause he made a remark about a box of tampons that he found on the boat and there was no head on board. I was pissed!!

 

[alamosaddles]

Re: Having your boat searched?

That happened to me one time. was asked permission to search my boat. I told the man no i dont want them to search my boat. He got on the radio on his boat and said a bunch of stuff i did not understand. A min or two later he says that by me telling him no to the search, that gives them probable cause to search!!

If he for whatever reason needed probable cause to effect the search, he in fact lied and falsified the facts to obtain such pc. A citizens refusal to grant permission for a search is not tantamount to such pc. Just the same as the citizen who remains silent and refuses to answer, a presumption of guilt cannot be drawn from such silence. In that case, you should have followed up with a formal written complaint to his department. I'm sorry that you had such a ****ty experience with a LEO on the water.

 

[alamosaddles]

Re: Having your boat searched?

That is crazy.
An officer needs a warrant to force open anything locked. if you have a way of locking up something on your boat use that. Luckily I am new to boating and have yet to even see an enforcement agent on the bayou.

Again, why do people insist on making false and incorrect statements like this?

Please find, copy and paste and quote where in the Constitution it states any such thing.

Did you read what I quoted, directly from the Fourth Amendment concerning vessels?

If you are in control of the vessel, then under the law you are also in control of all locked compartments aboard such vessel. Your refusal to open such compartment for the LEO to inspect will fall under any of a number of violations, the simplest one being refusal to obey a lawful order, or interfering with an investigation.

 

[greggholmes]

Re: Having your boat searched?

RCW 79A.60.100
Enforcement ? Chapter to supplement federal law.


(1) Every law enforcement officer of this state and its political subdivisions has the authority to enforce this chapter. Law enforcement officers may enforce recreational boating rules adopted by the commission. Such law enforcement officers include, but are not limited to, county sheriffs, officers of other local law enforcement entities, fish and wildlife officers, through the director, the state patrol, and state park rangers. In the exercise of this responsibility, all such officers may stop and board any vessel and direct it to a suitable pier or anchorage to enforce this chapter.

 

[marine4003]

Re: Having your boat searched?

Alot of times , as with cars and there occupants it comes down to profiling, it seems that when i am in my Scarab what with twin 454's w/thru hull exhaust,pushing 750 hp each,which makes it very noisy, i have been stopped on an average of 6 times per season,but crusin' around in the 22 Celebrity, perhaps 1-2 times,every time i get stopped in the Scarab i get "the full treatment" and once,coming in thru the jetty's at full tilt boogie,not only did DNR join in the fun but Marine Patrol AND a CG - RIB patrol boat,what fun that was 6 officers,all kids,every one of those LEO trying to find something on board,some infraction,some reason to ticket me,and when i asked why i was stopped...no-one gave me a good reason, i wasn't doing anything wrong...and in parting i remarked about the similarity between there actions and Nazi Germany,This is America,i defended this country in the USMC for 4 years,i pay my tax's, and when i don't like the direction this Country is headed in regard to personal freedom...i do what more folks need to do ...I Vote, i write letters,i get involved...we forget sometimes,we elect the people who run our lives,who enforce the laws...and who appoint others to uphold the law's.when we let ourselves get pushed around...we have only ourselves to blame.

 

[hubbard53]

Re: Having your boat searched?

this was a nice read this morning. I am encouraged by the number of personal freedom and constitutional rights advocates on the board. I've found that the boating community is not a microcosm of American society and *seems* to lean to the right so we all understand the importance of little government interference. However, I cannot for the life of me, why the liberals who hate the government and complain about how powerful they are or can be vote democrat! I'm positive that the the first time their biodegradeable kayak is stopped and search and they find their pot packed with their granola, those liberals will be screaming for the ACLU . . .

Speaking of which, why does the ACLU back the democrats who want to increase federal powers?

 

[marine4003]

Re: Having your boat searched?

. . .

Speaking of which, why does the ACLU back the democrats who want to increase federal powers?

Probably 'cause they spend more on welfare,and other "projects" that allow my tax dollars to be spent on lazy,useless citizens who end up using ACLU lawyers to defend there actions....look up 5 Rivers in SC and read about Charlie Condon being payed to defend two sisters who stole millions to fund there lifestyle.......