Boat Inspection / Boarding laws

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FourPoints

FourPoints

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Apr 8, 2010
1,606
Frers 33 41426 Westport, CT
I am having a discussion with a friend who is saying that unless entering or leaving international waters, legally with the exception of the Coast Guard, all marine police, homeland security, customs etc do not have any legal right to board you without probable cause.

I have heard many stories of people in Florida being boarded by local marine police and having their head discharged inspected with no probable cause. He claims that these are technically illegal boarding's and inspections, although legal rights aside I suspect you probably don't want to stand up for your legal rights too strongly when they are pointing a gun at you saying they are coming aboard, and they believe they have the authority to do so. In most cases it's probably better to consult an attorney after the fact.

Does anyone have any information of what your legal rights are with regards to being boarded / inspected by anyone other than the Coast Guard?
 
justsomeguy

justsomeguy

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Feb 20, 2011
8,060
Island Packet 35 Tucson, AZ/San Carlos, MX
Yep, Coast Guard, anytime.

And since they're pretty much all a part of the DHS, I'd be inclined to believe those same powers would be ascribed to those other LEOs.

“I____do solemnly swear (or affirm) that I will support and defend the Constitution of the United States, except the Fourth Amendment part. Except for the Fourth Amendment, I will defend the Constitution against all enemies…"

Goodbye, Constitution. Hello, NSA!
 
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RichH

RichH

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Feb 14, 2005
4,773
Tayana 37 cutter; I20/M20 SCOWS Worton Creek, MD
State law in Florida allows marine police to at will and whim to stop and board without probable cause for the purpose of potty inspections.
Volusia County is the worst; and there have been reports of guns drawn and with rampant intimidation of boaters, especially boaters with out of state registrations.
 
FourPoints

FourPoints

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Apr 8, 2010
1,606
Frers 33 41426 Westport, CT
RichH said:
State law in Florida allows marine police to at will and whim to stop and board without probable cause for the purpose of potty inspections.
Volusia County is the worst; and there have been reports of guns drawn and with rampant intimidation of boaters, especially boaters with out of state registrations.
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But isn't that a direct violation of your 4th amendment rights? The coast guard has a federal "exception", how can a state override the bill of rights?

Wondering how this applies to NY/CT waters (not that I am worried about being boarded or them finding anything, just want to know what is technically legal and illegal.)
 
W

Winkfish

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Jul 28, 2010
914
Boston Whaler Montauk New Orleans
justsomeguy said:
And since they're pretty much all a part of the DHS, I'd be inclined to believe those same powers would be ascribed to those other LEOs.
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I was speaking with a Coast Guard friend of mine about 4 years after 9/11. He said he was super busy. When I asked why, he said they are the only service that can board a vessel within the US while armed. So he was having to go with Navy people and other DHS agencies to do boardings in the Mississippi River.
 
tkanzler

tkanzler

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Sep 5, 2007
689
MacGregor 26X Rochester
FourPoints said:
Wondering how this applies to NY/CT waters (not that I am worried about being boarded or them finding anything, just want to know what is technically legal and illegal.)
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I could swear some local court up here clarified the 'rules' on police (not USCG) boarding for DWI random checks and things like that, but I can't find the news story. My recollection was that they couldn't board at-will, not without probable cause that would (presumably) hold up in court. It was in response to complaints about the county police marine units stopping and boarding for 'no reason', as defined by those who were boarded, of course. Can't find anything to back it up, though, other than my faulty and getting worse memory.
 
Patrick S/V Shangra-La

Patrick S/V Shangra-La

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Sep 6, 2007
324
Catalina 320 Gulfport, Fl
Re: Boat Inspection / Boarding law

DHS/US Customs boarded my boat about a year ago.

As I wasn't doing anything illegal I figured I would have some fun. :D
They asked "Is there a gun on board?" Yea a 45 auto. "Is it loaded?" Well it aint worth a f unloaded of course its loaded. "Where is it"? Down below. "Well don't go down there we are coming on board"

One goes down below My buddy and I are on board. "There is woman's clothing down here." Yea we took a babe out "bout 10 miles told her to put out or get out....She's out there swimming some where :dance::dance:

"No really what's with the woman's clothing." He's a cross dresser :snooty::snooty:

"Really" It's my wife's :naughty::naughty:

They finished their search and started to leave when Irv said...I know why you came on this boat....With a stern look the guy said "why" Irv said You just wanted to look at this pretty boat...The guy said "Yea it sure is a pretty boat. :D:D:D
 
Sailm8

Sailm8

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Feb 21, 2008
1,750
Hunter 29.5 Punta Gorda
We were entering Government Cut in South Miami after a really rough trip from Fort Lauderdale. The Coast Guard had been chattering all day on 16 but never once mention Govt Cut was closed. The CG let us have a head start and came roaring up all lights and sirens and machine guns. I can't blame them. If i had a cool go fast boat, 18 years old, and was spending all day waiting for something to happen I would come out lights and sirens too.
 

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25yearslater

25yearslater

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Aug 20, 2010
1,399
Oday 27 Oak Orchard
I don't have much in the line of worries. My dock mates are County Sheriff on one side and DHS Border and Customs on the other. Met both and found them to be most pleasant. A shorter DHS boat would be nice as it makes docking a bit tricky. Still in all they are really good guys trying to do a thankless job. But then I'm biased in that I have maybe the most secure boat on Lake Ontario.
 
FourPoints

FourPoints

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Apr 8, 2010
1,606
Frers 33 41426 Westport, CT
I'm not trying to question the character of the CHS/LEO/CG crews here, just confirm the law....

It seems that aside from Florida believing they are not subject to US constitutional law, everywhere else it is just the CG that can legally board you without probable cause.

Correct?
 
justsomeguy

justsomeguy

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Feb 20, 2011
8,060
Island Packet 35 Tucson, AZ/San Carlos, MX
Winkfish said:
I was speaking with a Coast Guard friend of mine about 4 years after 9/11. He said he was super busy. When I asked why, he said they are the only service that can board a vessel within the US while armed. So he was having to go with Navy people and other DHS agencies to do boardings in the Mississippi River.
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If this is the case, I'll bet the CG has done a lot of hiring/promoting since then.

Do they have to be an officer?
 
Merlin Clark

Merlin Clark

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Oct 26, 2005
2,057
- - Satellite Beach, FL.
Our LE boarding boats might, just might, have something to do with 40 odd years of vessel- borne drug trafficking through the state.
As for what is legal and what isn't, I'd go to the state you live in, not an internet forum.
Legal advice obtained here is as about as valuable as legal advice you pick up on the dock.
 
justsomeguy

justsomeguy

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Feb 20, 2011
8,060
Island Packet 35 Tucson, AZ/San Carlos, MX
The trafficking's been going on a lot longer than that! As a colony of Great Britain, we supplied England with the original illegal "evil weed", tobacco.

D'oh, thread drift!
 
Cool Beans

Cool Beans

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Mar 8, 2011
296
Ranger 33 Norfolk
FourPoints said:
But isn't that a direct violation of your 4th amendment rights?
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Technically you only have "privileges" granted to you by the governing authority. . ."rights" make for great rah-rah speeches and are fun to day-dream about, but. . .

. . .might be a tad cynical. . .

But anyways, probable cause can be anything. . .especially if they want to board your boat :doh:
 
Bill Roosa

Bill Roosa

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Jun 6, 2006
6,990
currently boatless wishing Harrington Harbor North, MD
your youngish looking wife not wearing her PDF, suspicion of DUI (ie there was a beer can in the cockpit beverage holder), no state reregistration, (they would have to check that you have the proper documentation which would require boarding)..... I work with the DHS and have opportunity to work with USCG and believe me they are like the drill sergeant in "full metal jacket" They are good at their stuff and if they want to board you they can come up with a reason. With that said, they are generally a good lot and if there is no compelling reason they would rather not bug folks just out boating.
 
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