Hello all. Just returned from a trip from Charleston, SC to Savanha, GA for St. Patrick's Day. We sailed south to the Sav. River and attempted to dock on River Street. I am not exaggerating in saying that we were stopped and boarded no less than three times by the Department of Natural Resources, the US Coast Guard, and the Sav. River "Sherif's Patrol". Each reason: to check our registration. All was in order. Do we as boaters lose all rights as citizens when we're on the water instead of land? Can a policeman pull one over simply to check their license? Lastly, if I choose not to name my vessel and display a name on the hull/transom (for whatever reason((I think it's a silly pagan ritual)), is this against the law? If so, who's law?(State, Coast Guard, etc). By the way,...had a great time,...albeit with the river gestapo goosestepping around the river at all hours. Regards.
- Status
- Not open for further replies.
J
Justin - O'day Owners' Web
Well -
Well - that pretty much bites. Write your senators and representatives! Join boating adovcacy groups. Make your voice heard, because at the moment those guys were acting in accordance with the law. In Maine and New Jersey, can't speak for other states, a police officer or other state law enforcement officer (eg: not the FBI) can pull you over for a regulatory check of your vehicle at any time. Part of that check will include a check of your documents. It could not, however, include a search unless probably cause is generated during the regulatory check. I don't say its constitutional, or righ, but its currently the law in those jurisdictions. I would not be surprised to find similar laws in other jurisdictions. As to the Coasties, Section 89 of Title 14 of the United States Code authorizes the Coast Guard to board vessels subject to the jurisdiction of the U.S., anytime upon the high seas and upon waters over which the United States has jurisdiction, to make inquiries, examinations, inspections, searches, seizures and arrests. So they too were acting according to the law. According to the Coasties' web site reference to state boating laws, Georgia reserves the same rights to its enforcement agencies, very much like ME and NJ automobile policy. So write your congresspeople and let them know you're tired of it. They write law these other guys are following. Make them change it, and the enforcement will change too. Justin - O'day Owners' Web
Well - that pretty much bites. Write your senators and representatives! Join boating adovcacy groups. Make your voice heard, because at the moment those guys were acting in accordance with the law. In Maine and New Jersey, can't speak for other states, a police officer or other state law enforcement officer (eg: not the FBI) can pull you over for a regulatory check of your vehicle at any time. Part of that check will include a check of your documents. It could not, however, include a search unless probably cause is generated during the regulatory check. I don't say its constitutional, or righ, but its currently the law in those jurisdictions. I would not be surprised to find similar laws in other jurisdictions. As to the Coasties, Section 89 of Title 14 of the United States Code authorizes the Coast Guard to board vessels subject to the jurisdiction of the U.S., anytime upon the high seas and upon waters over which the United States has jurisdiction, to make inquiries, examinations, inspections, searches, seizures and arrests. So they too were acting according to the law. According to the Coasties' web site reference to state boating laws, Georgia reserves the same rights to its enforcement agencies, very much like ME and NJ automobile policy. So write your congresspeople and let them know you're tired of it. They write law these other guys are following. Make them change it, and the enforcement will change too. Justin - O'day Owners' Web
B
Brad Williams
Or just be pleasant...offer em' a coffee and
They are "just doing thier jobs and don't know that you've been boarded several times on your trip. Ask if you can have one of those orange tags like they put on abandoned cars along the highway so every government boat on the river doesn't want to board you (which is pretty much what happened). But smile when you do. Brad
They are "just doing thier jobs and don't know that you've been boarded several times on your trip. Ask if you can have one of those orange tags like they put on abandoned cars along the highway so every government boat on the river doesn't want to board you (which is pretty much what happened). But smile when you do. Brad
P
Peggie Hall/Head Mistress
REAL Reason, Scotty...
St Patricks Day in Savannah is wall to wall drunks--on land AND on the water. In the last few years, GA has begun to crack down hard on BUI...in fact, a BUI can now cost you your drivers license in GA. The water cops excuse for stopping you was to check registration...which lets 'em get close enough to you to smell your breath. But you asked for it...a boat with no name, coming in from who knows where could very well be using the cover of all the St Pat's drunken mayhem to smuggle who knows what off the boat. FYI, one of the largest DEA boat auction sites in the country is only about 40-50 miles souther of Savannah. They didn't bring all those boats in from other parts of the country. And there are sailboats among 'em. Naming a boat not a "pagan custom"...it's a valuable means of identification. if you're in trouble, you're a lot easier to find if there's a name painted on your hull. Odds are another vessel--prob'ly a powerboat--will get to you before the CG can, and identifying yourself only as just a "28' (or whatever size your boat is) Hunter sailboat" doesn't give anyone much to go on, especially if there are other sailboats in the vicinity...Most powerboaters don't know a Hunter from a Hobie cat. But a distress call from "36' sailing vessel "Good Times," not only helps others locate you, but also makes it easier for 'em to find you, but to communicate with you via VHF...'cuz vessels identify themselves by name when calling or answering. In fact, the CG requires that documented boats also be named, and that the name be painted on the hull in a conspicious place in block letters at least 4" high. VHF licensing used to require the vessel's name, and EPIRBs are registered in the vessel's name as well as the owner's. And while a name is no guarantee that a vessel is "legit," an anonymous vessel is certainly a red flag to law enforcement.
St Patricks Day in Savannah is wall to wall drunks--on land AND on the water. In the last few years, GA has begun to crack down hard on BUI...in fact, a BUI can now cost you your drivers license in GA. The water cops excuse for stopping you was to check registration...which lets 'em get close enough to you to smell your breath. But you asked for it...a boat with no name, coming in from who knows where could very well be using the cover of all the St Pat's drunken mayhem to smuggle who knows what off the boat. FYI, one of the largest DEA boat auction sites in the country is only about 40-50 miles souther of Savannah. They didn't bring all those boats in from other parts of the country. And there are sailboats among 'em. Naming a boat not a "pagan custom"...it's a valuable means of identification. if you're in trouble, you're a lot easier to find if there's a name painted on your hull. Odds are another vessel--prob'ly a powerboat--will get to you before the CG can, and identifying yourself only as just a "28' (or whatever size your boat is) Hunter sailboat" doesn't give anyone much to go on, especially if there are other sailboats in the vicinity...Most powerboaters don't know a Hunter from a Hobie cat. But a distress call from "36' sailing vessel "Good Times," not only helps others locate you, but also makes it easier for 'em to find you, but to communicate with you via VHF...'cuz vessels identify themselves by name when calling or answering. In fact, the CG requires that documented boats also be named, and that the name be painted on the hull in a conspicious place in block letters at least 4" high. VHF licensing used to require the vessel's name, and EPIRBs are registered in the vessel's name as well as the owner's. And while a name is no guarantee that a vessel is "legit," an anonymous vessel is certainly a red flag to law enforcement.
J
john renfro
loss
the laws are passed by government to force more controll of the people by the government.california wno't let an officer pull someone over because he thinks you are a good looking person and he would like to meet you, so if he asks you for a drivers license, the act becomes a legal traffic stop and you can't do any thing about it, and after all," if you are not doing anything illegal you shouldn't be concerned about it " john ( paranoid in california )
the laws are passed by government to force more controll of the people by the government.california wno't let an officer pull someone over because he thinks you are a good looking person and he would like to meet you, so if he asks you for a drivers license, the act becomes a legal traffic stop and you can't do any thing about it, and after all," if you are not doing anything illegal you shouldn't be concerned about it " john ( paranoid in california )
T
Tom
Not trying to justify anything that has occured on
the water by marine "enforcers". But what you are observing is interpretation of laws that are older than the US Constitution. They are based on Marine Maritime laws that are centuries old that are still being upheld in maritime courts through out the land. Your rights concerning "search and seizure" on land do not carry to your boat in most cases......I do not condone the boardings but if it keeps a "Drunk Yahoo" from speeding around in a motorboat, off the water and away from me, then its not the worse thing. What really concerns me is the boarding of a sailboat putt-ing along at 2 knots that would, in most cases, do very little damage to anybody. But it gives them a chance to do a search no more warranted than because "they felt like it" (or they liked the look of the bikini clad girl on the bow--don't laugh I've seen it happen) .............now if the boat was being hazardous or not obeying the "rules of the road" --- then more power to them.....
the water by marine "enforcers". But what you are observing is interpretation of laws that are older than the US Constitution. They are based on Marine Maritime laws that are centuries old that are still being upheld in maritime courts through out the land. Your rights concerning "search and seizure" on land do not carry to your boat in most cases......I do not condone the boardings but if it keeps a "Drunk Yahoo" from speeding around in a motorboat, off the water and away from me, then its not the worse thing. What really concerns me is the boarding of a sailboat putt-ing along at 2 knots that would, in most cases, do very little damage to anybody. But it gives them a chance to do a search no more warranted than because "they felt like it" (or they liked the look of the bikini clad girl on the bow--don't laugh I've seen it happen) .............now if the boat was being hazardous or not obeying the "rules of the road" --- then more power to them.....
- Status
- Not open for further replies.