This past weekend the Coast Guard was out in force stopping, boarding and "inspecting" ALL watercraft in the Port of Milwaukee. When the Coast Guard asks if they can board and perform a safety inspection, can you refuse? If you do refuse the boarding/inspection, what are the ramafactions? You can refuse to let law inforcement into your home without a search warrant; do the same rules apply?
Coast Guard Inspections
- Thread starter RickS
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Here is the thing
Yes, you can refuse if you own the body of water the boat is floating on. If not your poop out of luck!
Yes, you can refuse if you own the body of water the boat is floating on. If not your poop out of luck!
why would you want to?
This comes up every year and someone inevitably starts complaining about rights, privacy, government intervention, etc... PLEASE give it a break this year. The CG is there to help and God knows from the behavior we all see on the water that some people need all they can get. I can think of no finer example of our Federal government than the CG and wish all parts of the government provided even a small part of the public service they do.
This comes up every year and someone inevitably starts complaining about rights, privacy, government intervention, etc... PLEASE give it a break this year. The CG is there to help and God knows from the behavior we all see on the water that some people need all they can get. I can think of no finer example of our Federal government than the CG and wish all parts of the government provided even a small part of the public service they do.
Sure
If the USCG asks permission to board, you can refuse. If they order you to heave to and prepare to be boarded, then you're gonna get boarded.
If the USCG asks permission to board, you can refuse. If they order you to heave to and prepare to be boarded, then you're gonna get boarded.
just as you predicted....
...I will complain about being bothered by the coast guard, sheriff and wildlife & fisheries when I'm on my boat not breaking any law and not in need of inspection or search...they have no more right under the constitution to an unwarranted search than any other police body...yes, I know courts have determined otherwise, but it's really nonsense to have to put up with this intrusion...if you want to be inspected, go ask them for one....I don't. ...you might not think rights are important, but for those of us who do, have a little patience...extremism in the defense of liberty is no vice.... seriously....people have a right not to be bothered, even if the bothering 'may' be for their own good...if good intentions were the criteria, should the police be doing the same inspections and searches of peoples homes? sorry to get on the soapbox again, but this is a very irritating subject for me and many others... cheers!
...I will complain about being bothered by the coast guard, sheriff and wildlife & fisheries when I'm on my boat not breaking any law and not in need of inspection or search...they have no more right under the constitution to an unwarranted search than any other police body...yes, I know courts have determined otherwise, but it's really nonsense to have to put up with this intrusion...if you want to be inspected, go ask them for one....I don't. ...you might not think rights are important, but for those of us who do, have a little patience...extremism in the defense of liberty is no vice.... seriously....people have a right not to be bothered, even if the bothering 'may' be for their own good...if good intentions were the criteria, should the police be doing the same inspections and searches of peoples homes? sorry to get on the soapbox again, but this is a very irritating subject for me and many others... cheers!
Waffle is right
Maritime law and laws of the land are similar in principle, but do have their differences. The same rules DONT ALWAYS APPLY.I think most Maritime laws still make logical sense. Probably because it doesnt get challenged as much as land laws. Anyway, anytime I was ever boarded, which has been several times, The CG has always been very courteous and respectful of my property. Many areas, the CG Aux gives free inspections. I strongly suggest you get that inspection. The CG never sees records of this. If you pass, you get a sticker showing that you had a voluntary inspection and passed. If you dont pass, they will tell you everything you need to do to pass. And this 'everything' is actually what the real CG will be checking for if you do get boarded. Tony B
Maritime law and laws of the land are similar in principle, but do have their differences. The same rules DONT ALWAYS APPLY.I think most Maritime laws still make logical sense. Probably because it doesnt get challenged as much as land laws. Anyway, anytime I was ever boarded, which has been several times, The CG has always been very courteous and respectful of my property. Many areas, the CG Aux gives free inspections. I strongly suggest you get that inspection. The CG never sees records of this. If you pass, you get a sticker showing that you had a voluntary inspection and passed. If you dont pass, they will tell you everything you need to do to pass. And this 'everything' is actually what the real CG will be checking for if you do get boarded. Tony B
Here is the federal statute (I think)
that grants the power to board boats United States Code, Title 14, § 89. Law enforcement (a) The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws of the United States. For such purposes, commissioned, warrant, and petty officers may at any time go on board of any vessel subject to the jurisdiction, or to the operation of any law, of the United States, address inquiries to those on board, examine the ship’s documents and papers, and examine, inspect, and search the vessel and use all necessary force to compel compliance. When from such inquiries, examination, inspection, or search it appears that a breach of the laws of the United States rendering a person liable to arrest is being, or has been committed, by any person, such person shall be arrested or, if escaping to shore, shall be immediately pursued and arrested on shore, or other lawful and appropriate action shall be taken; or, if it shall appear that a breach of the laws of the United States has been committed so as to render such vessel, or the merchandise, or any part thereof, on board of, or brought into the United States by, such vessel, liable to forfeiture, or so as to render such vessel liable to a fine or penalty and if necessary to secure such fine or penalty, such vessel or such merchandise, or both, shall be seized. I understand that courts have ruled that the 4th amendment does not apply to vessels
that grants the power to board boats United States Code, Title 14, § 89. Law enforcement (a) The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws of the United States. For such purposes, commissioned, warrant, and petty officers may at any time go on board of any vessel subject to the jurisdiction, or to the operation of any law, of the United States, address inquiries to those on board, examine the ship’s documents and papers, and examine, inspect, and search the vessel and use all necessary force to compel compliance. When from such inquiries, examination, inspection, or search it appears that a breach of the laws of the United States rendering a person liable to arrest is being, or has been committed, by any person, such person shall be arrested or, if escaping to shore, shall be immediately pursued and arrested on shore, or other lawful and appropriate action shall be taken; or, if it shall appear that a breach of the laws of the United States has been committed so as to render such vessel, or the merchandise, or any part thereof, on board of, or brought into the United States by, such vessel, liable to forfeiture, or so as to render such vessel liable to a fine or penalty and if necessary to secure such fine or penalty, such vessel or such merchandise, or both, shall be seized. I understand that courts have ruled that the 4th amendment does not apply to vessels
No Problem with USCG
I agree with Don - why would you want to? In some states you are required to have your car inspected every year - the Coast Guard does spot checks. Sure, it can be inconvenient, but in my experience the USCG inspectors are always courteous and friendly - they're genuinely interested in your boat; they want to be helpful; and sometimes they point out things that I neglected or never thought about. I can't say the same thing about state law enforcement - I have had experiences where someone must have been having a bad day, or maybe they just enjoy examining tax documents and like to be annoying. Of course, I'm a little biased. My son is in the USCG. One of his jobs is to direct the attack helicopter to shoot out your engines if they think you're running drugs.
I agree with Don - why would you want to? In some states you are required to have your car inspected every year - the Coast Guard does spot checks. Sure, it can be inconvenient, but in my experience the USCG inspectors are always courteous and friendly - they're genuinely interested in your boat; they want to be helpful; and sometimes they point out things that I neglected or never thought about. I can't say the same thing about state law enforcement - I have had experiences where someone must have been having a bad day, or maybe they just enjoy examining tax documents and like to be annoying. Of course, I'm a little biased. My son is in the USCG. One of his jobs is to direct the attack helicopter to shoot out your engines if they think you're running drugs.
Every year
we get the boat inspected by the CGA, and after they put the sticker in the window no one seems to bother us. On the Great Lakes there are more law enforcement people than you'll ever Imagine. So why not let them come on board, they have a job to do and if it really bothers you that much just think of the alternatives, everyday their picking up some Illigals trying to get across the boarders.
we get the boat inspected by the CGA, and after they put the sticker in the window no one seems to bother us. On the Great Lakes there are more law enforcement people than you'll ever Imagine. So why not let them come on board, they have a job to do and if it really bothers you that much just think of the alternatives, everyday their picking up some Illigals trying to get across the boarders.
They can indeed board you.....
I am retired from the USCGR, Chief Petty Officer, E7, and did boardings. The Coast Guard has Customs Authority which means that they can search you boat.The first question they will ask is if you have weapons on the boat and if you do they will take them and safeguard them while they search.This is provided for under law, the United States Code, and is absolute. Failure to comply will result in you being detained, the boat seized and taken to the CG station, possible arrest or a notice to appear in Court. The Coast Guard does not need a search warrant to board and search you or the boat, bottom line.
I am retired from the USCGR, Chief Petty Officer, E7, and did boardings. The Coast Guard has Customs Authority which means that they can search you boat.The first question they will ask is if you have weapons on the boat and if you do they will take them and safeguard them while they search.This is provided for under law, the United States Code, and is absolute. Failure to comply will result in you being detained, the boat seized and taken to the CG station, possible arrest or a notice to appear in Court. The Coast Guard does not need a search warrant to board and search you or the boat, bottom line.
Got a voluntary inspection last month
I got a voluntary inspection last month and found my flares were out of date. Got some new ones. Passed the inspection and got a sticker. The inspection is a good idea and forced me to look at my fire extinguishers, flares and other expendable items. I doubt I'll ever use flares on Kentucky Lake, but now am in full compliance. The gentleman that did the inspection was very cordial and we had a good discussion on some of the required items. I will have another one next year.
I got a voluntary inspection last month and found my flares were out of date. Got some new ones. Passed the inspection and got a sticker. The inspection is a good idea and forced me to look at my fire extinguishers, flares and other expendable items. I doubt I'll ever use flares on Kentucky Lake, but now am in full compliance. The gentleman that did the inspection was very cordial and we had a good discussion on some of the required items. I will have another one next year.
It's kinda like the game warden
entering your home without a warrant. He doesn't need one, and he can enter your home anytime he feels like it. Just as the CG can board your boat any time they want too. Whats next? At least the police ask if they can search your car. It's all in the name of "safety". Or is it, for "your safety" thats why we are doing this? HUH? Thanks, but no thanks. I'll take care of myself. If I need any help, I'll ask. The standards, any government agency has, are always lower than the ones I have for myself anyway.I choose mine over theirs anyday. Keep it up, Ctskip
entering your home without a warrant. He doesn't need one, and he can enter your home anytime he feels like it. Just as the CG can board your boat any time they want too. Whats next? At least the police ask if they can search your car. It's all in the name of "safety". Or is it, for "your safety" thats why we are doing this? HUH? Thanks, but no thanks. I'll take care of myself. If I need any help, I'll ask. The standards, any government agency has, are always lower than the ones I have for myself anyway.I choose mine over theirs anyday. Keep it up, Ctskip
What about State police?
Can the State Police also ask to board and search in the same manner? On the Delaware River tacking back and forth I am constantly crossing the PA & NJ state lines. I constantly see PA State police, NJ State police, some sort of park ranger boat, the Coast Gaurd patrols, and the big Homeland security boats. It doesn't leave much room for anybody else out there!!!!! Seems like the State police are always stopping the people on wave runners... Manny
Can the State Police also ask to board and search in the same manner? On the Delaware River tacking back and forth I am constantly crossing the PA & NJ state lines. I constantly see PA State police, NJ State police, some sort of park ranger boat, the Coast Gaurd patrols, and the big Homeland security boats. It doesn't leave much room for anybody else out there!!!!! Seems like the State police are always stopping the people on wave runners... Manny
Don, I think you're living in the past
"I can think of no finer example of our Federal government than the CG and wish all parts of the government provided even a small part of the public service they do." That describes the old CG that was there to help. The new Coast Guard is there to arrest people and take part in the fear campaign the US government uses to keep us stupid about asking hard questions. They will call a commercial operator to help you for a fee. Fair enough, but spare me the flag waving.
"I can think of no finer example of our Federal government than the CG and wish all parts of the government provided even a small part of the public service they do." That describes the old CG that was there to help. The new Coast Guard is there to arrest people and take part in the fear campaign the US government uses to keep us stupid about asking hard questions. They will call a commercial operator to help you for a fee. Fair enough, but spare me the flag waving.
Thank the USCG
I for one am glad they're there and take every opportunity to thank them for what they do just as I do any member of our military. I too had the CGA inspection this year and plan to have one on an annual basis. Don't know if it's coincidental but on my boat we wear PFD's and have been passed by on numerous occasions when they were boarding everything afloat around me, although if they want to board me I'll be glad for another opportunity to thank them.
I for one am glad they're there and take every opportunity to thank them for what they do just as I do any member of our military. I too had the CGA inspection this year and plan to have one on an annual basis. Don't know if it's coincidental but on my boat we wear PFD's and have been passed by on numerous occasions when they were boarding everything afloat around me, although if they want to board me I'll be glad for another opportunity to thank them.
USCG Boardings
From a professional mariners view. If I am not mistaken, You are the MASTER of the vessel and CAN refuse to allow ANYONE to board your vessel. However in the case of the USCG you can only delay the boarding. In simularity to LAnd based laws, it is kinda like PROBABLE CAUSE for Police officers. The USCG CAN and WILL board your vessel for inspection at will so why throw up a big red flag by delaying it. All it will do is create suspision and possibly have your vessel siezed and towed to nearest port. In short..... Dont fight it just try and keep everything on the up n up. Mean time , Happy sailing; Captain Charles Creel 200 ton MAster
From a professional mariners view. If I am not mistaken, You are the MASTER of the vessel and CAN refuse to allow ANYONE to board your vessel. However in the case of the USCG you can only delay the boarding. In simularity to LAnd based laws, it is kinda like PROBABLE CAUSE for Police officers. The USCG CAN and WILL board your vessel for inspection at will so why throw up a big red flag by delaying it. All it will do is create suspision and possibly have your vessel siezed and towed to nearest port. In short..... Dont fight it just try and keep everything on the up n up. Mean time , Happy sailing; Captain Charles Creel 200 ton MAster
Live Aboard...
One has to wonder how and why the Police on land need a warrant or strong Probable Cuase to enter your home but on the water,assuming you live aboard when your boat is your home they do not need anything more than a whim and a wish to force thier way in...resist and you will find yourself sitting on the deck in a very uncomfortable position.Best advice is to let them do thier thing then get on with your sailing.I dont like it..but,till Big Gov'mt eases up on us..or we have another Revolution..it is the way it is. Fair Winds>>> David
One has to wonder how and why the Police on land need a warrant or strong Probable Cuase to enter your home but on the water,assuming you live aboard when your boat is your home they do not need anything more than a whim and a wish to force thier way in...resist and you will find yourself sitting on the deck in a very uncomfortable position.Best advice is to let them do thier thing then get on with your sailing.I dont like it..but,till Big Gov'mt eases up on us..or we have another Revolution..it is the way it is. Fair Winds>>> David
Give them a break & cooperate
I too am concerned about infringments on personal freedom and do not like the idea of living in a police state, don't get me started on the "Patriot Act" or some of the other things that have changed since 9/11. I agree with some of the critisism that was leveled at the new CG due to their change of mission statement. They are under the jurisdiction of Homeland Security now so much has changed. However, I think we would all be well advised to just cooperate when they choose to board your vessel. They are doing a difficult job with many new responsibilities added to their job description and at times they do an excellent job providing a valuable service in emergencies
I too am concerned about infringments on personal freedom and do not like the idea of living in a police state, don't get me started on the "Patriot Act" or some of the other things that have changed since 9/11. I agree with some of the critisism that was leveled at the new CG due to their change of mission statement. They are under the jurisdiction of Homeland Security now so much has changed. However, I think we would all be well advised to just cooperate when they choose to board your vessel. They are doing a difficult job with many new responsibilities added to their job description and at times they do an excellent job providing a valuable service in emergencies
Coast Guard Boardings and vessel assistance
Anchored in Silver Lake Harbor, Ocracoke Island, NC, Sunday thru Wednesday this week, saw law enforcement activity of all types: local assigned CG 21 rib conducted search for MOB in conjunction with National Park Service; CG 41 Utility from Hatteras Inlet towed in a 26 ft inboard with engine trouble, skipper and crew under the influence; NC marine Patrol stopping vessels in the harbor conducting safety checks for pfds and other required equipment and vessel's papers; CG rib towed in three sailboats thet grounded on the sand bar just outside the harbor when they failed to follow the ferry channel and took what seemed to be a short cut to the next day beacon; CG rib going out for a vessel taking on water in the Pamlico Sound near Middle Ground Shoal; Towboat US from Manteo very active as well. Although Carolina was not in need of any assistance, I submit my thanks to all those who are SEMPRE PARATUS. Steve Kamp H 38 Carolina
Anchored in Silver Lake Harbor, Ocracoke Island, NC, Sunday thru Wednesday this week, saw law enforcement activity of all types: local assigned CG 21 rib conducted search for MOB in conjunction with National Park Service; CG 41 Utility from Hatteras Inlet towed in a 26 ft inboard with engine trouble, skipper and crew under the influence; NC marine Patrol stopping vessels in the harbor conducting safety checks for pfds and other required equipment and vessel's papers; CG rib towed in three sailboats thet grounded on the sand bar just outside the harbor when they failed to follow the ferry channel and took what seemed to be a short cut to the next day beacon; CG rib going out for a vessel taking on water in the Pamlico Sound near Middle Ground Shoal; Towboat US from Manteo very active as well. Although Carolina was not in need of any assistance, I submit my thanks to all those who are SEMPRE PARATUS. Steve Kamp H 38 Carolina
Jeez
Is it my imagination or are there more jerks on this site now... Don't like the laws here? Write your freaking conressman or move to Mexico. On second thought, you don't have to move to Mexico. Mexico is moving here.
Is it my imagination or are there more jerks on this site now... Don't like the laws here? Write your freaking conressman or move to Mexico. On second thought, you don't have to move to Mexico. Mexico is moving here.
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