View Single Post
  #64   Report Post  
posted to rec.boats.cruising
Bruce in Alaska
 
Posts: n/a
Default Mayday off coast of Mexico-rescued from catamaran

In article .com,
"Bob" wrote:

Good question, and I have no idea. For US citizens it is clear cut:
You are required to obey an order from a law enforcement officer, and
the USCG qualifies as such.


Well now, the above is not exactly true.

For US Flagged and Documented Vessels, the USCG, US Marshals, and the
US Navy, if at sea are the only people that can board, without the
Captain's Permission.
Local LEO's sometimes try to extend their Jurasdiction to Documented
Vessels, and have done so in US Waters, only to have any evidence seized
thrown out of Court for Illeagal Search. Having been a Federal Agent,
with Enforcement Powers, I still had to go find a US Marshal, or Coastie,
to board a US Flagged and Documented Vessel, against the Captains wishes.
I have had to do this numerious times, and the proceedure was always the
same. Usually it has been something simple, but on one occasion a
collegue had to go find a local Coastie to accompany him back to so
a SixPack Inspection on a local Charter Vessel, where boarding was
denied by the Skipper. I stood watch while the USCG was rounded up, and
they actually came in force, armed, with a CPO in charge of the detail.
We conducted our inspection, found numerious violations and PickSlipped
the Vessel, but the CPO looked in the bildge, found a pile of Dope,
and hauled the skipper and Mate off in cuffs. I was called as a witness,
to document the timeline of the observation of the vessel in question,
and the skipper was convicted, and the Mate as well. Ever wonder why
it is the US Marshals that conduct sales of documented vessels that are
siezed in US Waters, and it is the Marshals that do the siezing?

Maritime Law is different that any other LAW, and it has different
requirements than normal shoreside Law.

Bruce in alaska
--
add a 2 before @