getting pulled over?

mthieme

Captain
Joined
Oct 6, 2007
Messages
3,270
Re: getting pulled over?

I have even attempted to stop all traffic out of a particular harbor, just to chat with people and see if they get nervous or are hiding something.
Al

Nice.
On land, this is illegal.
 

freddyray21

Commander
Joined
Jun 10, 2006
Messages
2,460
Re: getting pulled over?

Nice.
On land, this is illegal.

not illegal on land either. They do DWI checks here all the time where they will stop all cars on a particular road. Usually they just have you roll your window down and talk to you, but they do stop you. Haven't seen it in years, but the small towns used to do the same thing to check for city stickers.
 

bowman316

Lieutenant Commander
Joined
Oct 21, 2008
Messages
1,822
Re: getting pulled over?

i have noticed that the police boats are usually only out on weekends and high usage days. I have never seen a dnr boat during the week. All they ever ask me when they stop me is for life jakcets and a throwable. I had a saftey check done by the coast guard aux and they put a saftey sticker on the wind shield, so they see that and don't ask many questions
 

bowman316

Lieutenant Commander
Joined
Oct 21, 2008
Messages
1,822
Re: getting pulled over?

not illegal on land either. They do DWI checks here all the time where they will stop all cars on a particular road. Usually they just have you roll your window down and talk to you, but they do stop you. Haven't seen it in years, but the small towns used to do the same thing to check for city stickers.

How come a passenger can not drink a beer in your car, but they can on your boat? Can you drink if you are standing in the water next to your boat? Is that drinking in public? I think if you are not driving, you should be able to drink in a car.
 

freddyray21

Commander
Joined
Jun 10, 2006
Messages
2,460
Re: getting pulled over?

a topic for another discussion I suppose. Technically it is not against the law for a passenger to drink in your car at least in the state I live in. It is the open container that gets you in trouble.
 

bowman316

Lieutenant Commander
Joined
Oct 21, 2008
Messages
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Re: getting pulled over?

But I don't think there is an open container law when you are out on the water, just on land.
 

freddyray21

Commander
Joined
Jun 10, 2006
Messages
2,460
Re: getting pulled over?

we are talking water here not land. if you are standing beside your boat and drinking a beer then have broken no law here unless you are on land that prohibits alcohol. A lot of the beaches where they have places to beach would qualify. It is only once you are behind the wheel of the boat and over the limit are you in trouble. I don't drink so I don't worry about it.
 

mthieme

Captain
Joined
Oct 6, 2007
Messages
3,270
Re: getting pulled over?

not illegal on land either. They do DWI checks here all the time where they will stop all cars on a particular road. Usually they just have you roll your window down and talk to you, but they do stop you. Haven't seen it in years, but the small towns used to do the same thing to check for city stickers.

That's how they get around it...they pass out pamphlets which requires to roll your window down. You have the option not to and continue on.
 

chrisg

Chief Petty Officer
Joined
Jun 29, 2004
Messages
476
Re: getting pulled over?

My family and I were last stopped 3 seasons ago for expired tabs on my folk's boat. We got a written warning because they could tell in their system the tabs were at least purchased but not on the boat. My folks were on their way up with the stickers but hadn't arrived yet. They followed us back to the cabin so I could get my ID and I was suprised to see how serious they took it all. It was a little over the top to be treated like a mass murderer or something. Lots of questions and suspicions so I am guessing a slow day for them. Anyway, we only saw the DNR one time this year and they weren't interested in us and passed right by. We were only slowly cruising.

Heck, you got off easy, when I got my boat, it was new, so no letters on it. Took it out on the river, and got pulled over even though I had 'temporary licence'. the numbers had not come in yet, but he did not care! then the next week, I got the letters and he pulled me over again, this time for having the letters not in the correct location! ( It said noting about the location, only suggested spots on the boat) The third time, it was for the fire extinguisher not in the correct location! I told the guy to take get lost and I will see you in court. he did not show up, and it was tossed out.

Now when I get a ticket, I go to court, and they toss them out!
 

mthieme

Captain
Joined
Oct 6, 2007
Messages
3,270
Re: getting pulled over?

The third time, it was for the fire extinguisher not in the correct location!

I had to look this one up...never heard of such a ridiculous thing. But I've seen worse. I could type the rest of the night telling stories.
USCG Federal regulations state fire extinguisher placement be "readily accessible". After stating "There is no ideal place..." they make suggestions only.
 

freddyray21

Commander
Joined
Jun 10, 2006
Messages
2,460
Re: getting pulled over?

That's how they get around it...they pass out pamphlets which requires to roll your window down. You have the option not to and continue on.

they are not passing out pamphlets and you are required to stop. If you don't stop they will stop you. They do it all the time here and it is legal.
 

mthieme

Captain
Joined
Oct 6, 2007
Messages
3,270
Re: getting pulled over?

they are not passing out pamphlets and you are required to stop. If you don't stop they will stop you. They do it all the time here and it is legal.

It may be legal where you're at but I doubt it. Somewhere in the Constitution there is this little thing called the 4th Amendment...I guess boats don't qualify.
Here in MD it is illegal. I'll say again...IT IS Constitutionally ILLEGAL. Ever heard of reasonable cause? On the water, reasonable cause is not required, neither are pamphlets. (Some much for my inalienable rights).
They may not hand out pamphlets where you're at either, but they do here to get the car window down so as to establish reasonable cause. They stop traffic to a crawl via a gaunlet, it would be impossible not to stop.
I've only been through one once personally. I was not ordered to stop (as I did so anyway). They asked a couple chit-chat questions, gave me a safe driving paper and bid me good evening.
 

monk-monk

Chief Petty Officer
Joined
Aug 27, 2006
Messages
642
Re: getting pulled over?

I am new to boat ownership and operation, but i want to add my two cents worth to this thread! First, i believe our waterways need police monitoring...if left "unchecked" boating would become a (free-for-all ) for those with no disipline to act sensibly for the safety of others! However, i am NOT NEW to the tactics some Gaming Officials use: Surveillance via binoculars is no more, and no less than, an invasion of privacy! If the Gaming Official witnesses a "wrong" with the naked eye, then correction is in order, BUT i know of instances where Gaming Officials have taken "stake-out" positions in the woods around the lake and camp sites to "bust" people for the slightest infractions! A friend of mine experienced this tactic first-hand...he had 10' of fishing line with a tiny hook and a piece of corn, no fishing pole, no bobbers etc., just 10' of line and some corn...AND here comes Captain Planet out of the woods from nowhere...Gamewarden makes big deal out of it and wants to handcuff my very cooperative friend, hands behind back, as if he was a dangerous felon! Heres the part of the story i like: my friend was twice the size of this Gamewarden...he politely told the officer that he would do whatever was needed to resolve the issue peacefully, including the trip "downtown", but hands cuffed behind the back was not going to happen! my friend politely explained He would be cooperative but not humiliated, and informed the Warden IF he didn't act reasonable towards him about the situation, (instead of trying to be a hero), things could possibly get out of hand in attempts to hand-cuff him...BTW, my friend is a Louisiana Bayou native and doesnt take kindly to being "SPYED" on! true law enforcement is one thing, covert operations on somebody without due cause is nothing but invasion of ones privacy! Wonder how that Gamewarden would feel if you set outside his house and watched his every move with binoculars!!!???
 

mthieme

Captain
Joined
Oct 6, 2007
Messages
3,270
Re: getting pulled over?

i have noticed that the police boats are usually only out on weekends and high usage days. I have never seen a dnr boat during the week. All they ever ask me when they stop me is for life jakcets and a throwable. I had a saftey check done by the coast guard aux and they put a saftey sticker on the wind shield, so they see that and don't ask many questions

Come on down to the Magothy before Labor Day if you wanna see 'em during the week. Drop some crab traps in the water - they're like magnets. They will visit you every day.
I actually had three of them drill me about crabs Labor Day Sunday and not ask about any safety equipment. Hundreds of boats on the river that day, I was their first stop.
 

Docknocker

Petty Officer 2nd Class
Joined
Dec 20, 2006
Messages
180
Re: getting pulled over?

When I used to trailer my previous boat, the local sheriff would hide near the ramp on the weekends. After you'd launch and depart, they'd check your trailer registration, and leave a present for you on the truck if you'd forgotten to renew your reg. that season. (experience talkn' here)
Guess they didn't have the ****s to check while you where still at the ramp...
 

dingbat

Supreme Mariner
Joined
Nov 20, 2001
Messages
15,505
Re: getting pulled over?

It may be legal where you're at but I doubt it. Somewhere in the Constitution there is this little thing called the 4th Amendment...I guess boats don't qualify.
Here in MD it is illegal. I'll say again...IT IS Constitutionally ILLEGAL. Ever heard of reasonable cause? On the water, reasonable cause is not required, neither are pamphlets. (Some much for my inalienable rights).

The Supreme Court ruled in Michigan v. Sitz that sobriety checkpoints are constitutional legal.

However, law enforcement officers in a sobriety checkpoint cannot stop motorist indiscriminately. In other words, a police officer may pull over every single car, or even every fifth car, but an officer cannot arbitrarily choose who to pull over based on the make or model of a car, the ethnicity of the driver, or a simply hunch (unless, of course, the officer has reasonable suspicion that the driver is intoxicated.)
http://en.wikipedia.org/wiki/Michigan_Dept._of_State_Police_v._Sitz

Sobrity check points are legal in Maryland as well. http://www.duinetwork.com/dui/maryland/getxmldoc/content/blood_alcohol_tests.html
 

45Auto

Commander
Joined
May 31, 2002
Messages
2,842
Re: getting pulled over?

Good post, Dingbat. Excellent example of why people should do their own research and not pay any attention to these "internet lawyers" who advise them to take everything to court.

Here in MD it is illegal. I'll say again...IT IS Constitutionally ILLEGAL.

Obviously someone doesn't understand how the Constitution works.
 

mthieme

Captain
Joined
Oct 6, 2007
Messages
3,270
Re: getting pulled over?

Looks like a contradiction to me.
The Connecticut Supreme court ruled it is not illegal to give a cop the finger. So much for state level supreme courts.
Lesser jurisdictions pass laws everyday without regard to higher authorities.

Dunno about internet lawyers.
Dunno about online research like the last post.
What I do know comes from my personal experience in the legal environment and public safety which I just happen to work in. I know first hand how the game is played. Again, it is illegal in Maryland. Again, they know how to get around it making it pretty much an academic topic for debate. Can't speak for your state.
Personally, I don't care. I don't drink. I think it's fun to go through it stone sober just to play with them.
I will also restate that it just ain't right for DNR or USCG to be able to pull "every boat in the harbor over" just because they feel like it. This I do care about because it is has become very annoying. Those of you think it may be okay, I invite you to go crabbing with me during the week on the scenic Magothy River. We will get checked every day (in season). I'm legal so it's no big deal other than the incessant repetition compounded by the erroneous propaganda they spew.
 

dingbat

Supreme Mariner
Joined
Nov 20, 2001
Messages
15,505
Re: getting pulled over?

Looks like a contradiction to me.
The Connecticut Supreme court ruled it is not illegal to give a cop the finger. So much for state level supreme courts.
Lesser jurisdictions pass laws everyday without regard to higher authorities.

Ugh...Read again. This ruling is from the US Supreme court.

Syllabus

SUPREME COURT OF THE UNITED STATES

496 U.S. 444

Michigan Department of State Police v. Sitz
CERTIORARI TO THE COURT OF APPEALS OF MICHIGAN

No. 88-1897 Argued: Feb. 27, 1990 --- Decided: June 14, 1990

Chief Justice REHNQUIST delivered the opinion of the Court.

This case poses the question whether a State's use of highway sobriety checkpoints violates the Fourth and Fourteenth Amendments to the United States Constitution. We hold that it does not, and therefore reverse the contrary holding of the Court of Appeals of Michigan.
http://supreme.justia.com/us/496/444/case.html

Again, it is illegal in Maryland
Not sure where your coming up with that. The States right to conduct sobriety checks was upheld under State and federal Constitution. Little v. State, 479 A.2d 903 (Md. 1984).
 

mthieme

Captain
Joined
Oct 6, 2007
Messages
3,270
Re: getting pulled over?

Seems I've been in a cave. I stand corrected with apologies.
Another right flushed down the toilet because the ends justify the means.
I'm still not happy about being checked to death on the water. But I guess that's just hard cheese.
 
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