When can the Coast Guard board your vessel?

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Ctskip

Ctskip

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Sep 21, 2005
732
other 12 wet water
When can any law enforcement officer board your vessel? And can they do it for any reason? I feel that its like my home and needs a search warrent to enter. Am I correct in this assumption? I know the park ranger is the only official that can enter your home without a permit. What about our boats? At the dock ? On water? Thanks Keep it up, Ctskip
 
D

Don

any active duty coasties here?

There may be some misconceptions and it would be good to hear from someone presently in the CG knowledgable. In my day, the CG could only board certain vessels in specific areas without the captain's permission. If you were a US flag rec vessel in US waters, you had the right to refuse boarding, however, that wasn't the whole story and there were exceptions. Today, any CG boarding party will still ask permission and has a right of entry only for cause. Regardless, it's still a free country and they are only doing their job, usually very well at that.
 
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Mike M16608

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Feb 7, 2005
132
Hunter 23 Mentor, Ohio
Safety = Probable Cause

The Admiral and I just completed the Ohio Boating Safety course. We were told that a need to verify proper safety equipment gives all law enforcement, including the Coast Gaurd, probable cause to board our boats. It's that simple, at least as we were taught.
 
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uploadjoe

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Jul 25, 2005
124
- - -
My guess is anytime.....

to do a safety inspection. I guess the real question is if they hail you and want to board what are you going to do say no? My guess is if you comply with everything they ask you and they still harass you it's going to look better then you being a pain and then they will look for any reason to ticket you. Just my $0.02 -- Jeremy
 
Ross

Ross

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Jun 15, 2004
14,693
Islander/Wayfairer 30 sail number 25 Perryville,Md.
All of this is very much

like a State police stop on the highway.They may ask for permission to look around and you may refuse. And they may detain you until they get a search warrant. And then they will search. If you have objections then the courts can sort out the morbid details. If you are clean then let them look to their hearts content and be just as polite as you can be.
 
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Herb Parsons

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Jun 7, 2004
334
Coronado 35 Lake Grapevine, TX
Anytime, Almost Anywhere

From the Coast Guard web site: "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." Please note, that not only does this basically mean "anytime", it also means almost anywhere. If you are not in another country's territorial waters, and you have a US flagged vessel, you can be boarded by the USCG. http://www.uscgboating.org/safety/fedreqs/law_board.htm
 
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maddmike

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Nov 27, 2005
34
- - Sri Lanka
Not sure, but from observation

While I'm not sure what the law actually says, I do know that it is common word of mouth knowledge that the CG or local law enforcement does not board a live-aboard or other boat that is in a slip or on a mooring when there is not anyone on board (apparently only the fire department routinely does that). I have observed on a number of occasions in the USVI the local Marine Police & CG in an anchorage head to a specific boat for a MSDS or 'USVI sticker' or safety check, only to have the individual on board suddenly decide to go for a swim to shore. I have yet to see them board the boat in question, but have watched them hide & wait for the owner to return and once noticed the local Marine Fire Dept. show up because someone called in a report of fire on the boat in question; Once they were on board the local law enforcement guys also boarded and discovered no fire but quite a lot of drugs. It would be interesting to know if anyone out there has had the CG or Marine Police board when 'no one was home'? Any active CG comments?
 
Honeyman

Honeyman

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Jan 2, 2005
779
Hunter 35.5 Legend Lake Travis-Austin,TX
What have you got to hide...

Skippy? In Texas, it's the game wardens who have "carte blanche". They have more power than any law enforcement agent in the country. So anyway, what's your worry?
 
A

abe

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Jan 2, 2007
736
- - channel islands
I remember 1985 200 miles off Mexico...

a couple in a 38ft vessel decided to cruise in international waters to avoid anyone boarding their vessel. A big blip showed up on their radar, binoculars confirmed a large navy like vessel in white with a red stripe. US Coast Guard hailed them and told them to prepare to be boarded. Well, this guy was an attorney and started a pissing contest stating that he was in international waters. The Coast Guard kept telling him to prepare for boarding....this went on for about 10 minutes untill the Coast Guard had enough. He asked the sailer if he had binoculars to take a look at the Coast Guard vessel. As he looked he saw the BIG GUNS rotate and aim in his direction. Sailors response "we await your arrival, welcome aboard". The captain was under strict orders to board all vessels...looking for drugs. At they end the two captains traded flour for fruits and everyone lived happily ever after.
 
Fred Ficarra

Fred Ficarra

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Dec 2, 2003
4,245
- - Seabeck WA
It's simple. Boat=search. Any time. Any where.

The fourth amendment has never been bestowed to boats. Sorry. Bend over. Don't forget to smile. It's history from when the U.S. Government was supported exclusively from taxes generated by ships cargo. The Supreme Court has NEVER granted the 4th amendment to boaters. We are too much of a threat. Cars, airplanes, donkey carts, sure. Everyone but boaters. Again, anytime, anywhere. Hell, I've been boarded by the CG at anchor in TRINIDAD. Be sure to smile. It's not your home. Ask the Supreme Court.
 
K

k9piper

To Board or not to Board...well now

Hi folks, Bein that I work for DHS and CBP (Customs and Border Protection) the CG is now part and parcel of the Dept of Homeland Security. Prior to the combining of agencies to make DHS the CG had specific boarding right but most of the law was from the laws of Customs under the United States Code. They could board for safety checks and equipment checks /haz mat. Other reasons for boarding and searching came from Custom Law and authority. Now most of that has changed and most of the DHS agency muscle again comes from Custom law which is written in the United States Code. Even local law enforcement officers (some not all officers) were given Custom Officer status under a special law enacted where Customs could use the man power from the locals to enforce laws where a Customs Officer could not be at all times. The law of the United States gives the Custom Officer the right to board search and seize any vessel foreign or not that is in waters to the nexus of the border. In short anyplace anytime anywhere in the USA and it's territories WITHOUT a search warrent or PC. It is just that simple and it is the law of the land made by congress and enforced by the CBP Officers, INS and CG. If you are hailed by CBP and you refuse them boarding or do not stop or interfere you are sailing into DEEP DEEP HOT WATER.
 
Fred Ficarra

Fred Ficarra

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Dec 2, 2003
4,245
- - Seabeck WA
Right, and what's really annoying is

being boarded and searched by a 19 year old, summer-help park ranger while anchored off of a state park that he is working for because the park was donated to the state by BOATERS. And only three miles from my home town. It's just a game to juvenile rangers. Try to stay calm. They know-not what they do,,, Yep, happened to me too.
 
T

Tom Riggins

At anytime

As a past USCG Boarding Office the USCG has the unique authority to board a vessel without due cause. This is tempered with policy that has them doing random boardings or boarding with due cause. The USCG is very carfull to not overstep this authority and any rudness in the use of this should be reported, but it really is to help keep people alive. You would not believe (or maybe you woule) how many boaters are realy stupid and risking thier and others lives. Mind you I've been out longer than I was in (13 years) now so much may have changed.
 
Aloha27

Aloha27

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Jun 12, 2004
26
Aloha Yachts Aloha 27 Barrachois Harbour (Tatamagouche) NS Canada
In Canada.. anytime, anywhere at sea

The Canadian Coast Guard/Royal Canadian Mounted Police can ask for permission to board your vessel anytime! (I'd comply if I were you...) Furthermore, sailors can request a courtesy inspection from the Canadian Coast Guard Auxiliary while alongside to inspect your vessel and safety gear. They will give you a sticker (do NOT put it on a port...lol) to place on your mast showing you comply with safety regulations. Will save you MUCH grief for the next two years if they happen along and see it! Cheers! Steve, Patti and Grace (Ship's Cat) sv "Ever After" Aloha 27 #39
 
Don12364

Don12364

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Dec 2, 2003
1,637
Hunter 376 Warsash, England --
Comment

Ross referred to "State Police" - sounds to me as if he got the words in the wrong order?
 
M

mike c

USCG

I welcome any USCG boarding. They are PROTECTING our homeland (that you and me ) I am up to date on safety, I do not sail very fast....duh...and they are doing their job. Keep up the good work men............
 
Maine Sail

Maine Sail

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Feb 6, 1998
11,701
Canadian Sailcraft 36T Casco Bay, ME
Any time they want

For any reason & they don't need a warrant! The laws have been this way for a long, long time. They can also confiscate your vessel if they find even a seed or roach aboard. I make sure to let my sailing buddies that smoke the chronic know to leave it at home when they come sailing with me. I've seen them board vessels in my home waters with dogs. I'm guessing they are trained to sniff bombs or drugs but I'm not going to be the one to find out which!! Leave your drugs off my boat...
 
Rick Webb

Rick Webb

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Jun 2, 2004
3,502
Hunter 23.5 Fort Walton Yacht Club, Florida
Want to Avoid or at Least Minimize Your Cances?

Get a Vessel Safety Check from the Coast Guard Auxiliary. Nintynine times out of onehundred, if they are going to check a boat and there are three boat out yours has the sticker they will get one of the other two before checking yours. It's also absolutly free and a great way to learn what is being looked at out there by the law enforcement guys and a chance to get yours taken care of before you ever leave the dock.
 
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