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State Police Claims They Can Board Without Probable Cause
Massachusetts State Police (known as the Environmental Police on the water)
claim they can board any vessel without probable cause because they have been "deputized" as federal agents by U.S. Customs. Does anyone know anything about this? "Listen to the live broadcast of 'Nautical Talk Radio' with Captain Lou every Sunday afternoon from 4 - 5 (Eastern Standard Time) on the web at www.959watd.com or if you are in Boston or Cape Cod set your radio dial to 95.9FM. |
State Police Claims They Can Board Without Probable Cause
Captain Lou,
I have a problem witht that (not that officers ever abuse or try to extend authority - that is a given) because customs officers actually have no jurisdiction "inside" the borders. Inside in quotes because they can exercise juridiction over anything that has not yet offically entered the country. As you have got to know, Yarmouth is a little over two-hundred miles. So, unless they can show a record where you entered Canada, they still have no jurisdiction. Where I live now, we are Great Lakes border, so we are very tuned to what all these people try to do. But a good number of our sailing compatriots are lawyers, and they have no problem with legal authority. Matt Colie ex-Mystic CT Lifelong Waterman, Licnesed Mariner and Congenital Sailor Capt Lou wrote: Massachusetts State Police (known as the Environmental Police on the water) claim they can board any vessel without probable cause because they have been "deputized" as federal agents by U.S. Customs. Does anyone know anything about this? "Listen to the live broadcast of 'Nautical Talk Radio' with Captain Lou every Sunday afternoon from 4 - 5 (Eastern Standard Time) on the web at www.959watd.com or if you are in Boston or Cape Cod set your radio dial to 95.9FM. |
State Police Claims They Can Board Without Probable Cause
Captain Lou,
I have a problem witht that (not that officers ever abuse or try to extend authority - that is a given) because customs officers actually have no jurisdiction "inside" the borders. Inside in quotes because they can exercise juridiction over anything that has not yet offically entered the country. As you have got to know, Yarmouth is a little over two-hundred miles. So, unless they can show a record where you entered Canada, they still have no jurisdiction. Where I live now, we are Great Lakes border, so we are very tuned to what all these people try to do. But a good number of our sailing compatriots are lawyers, and they have no problem with legal authority. Matt Colie ex-Mystic CT Lifelong Waterman, Licnesed Mariner and Congenital Sailor Capt Lou wrote: Massachusetts State Police (known as the Environmental Police on the water) claim they can board any vessel without probable cause because they have been "deputized" as federal agents by U.S. Customs. Does anyone know anything about this? "Listen to the live broadcast of 'Nautical Talk Radio' with Captain Lou every Sunday afternoon from 4 - 5 (Eastern Standard Time) on the web at www.959watd.com or if you are in Boston or Cape Cod set your radio dial to 95.9FM. |
State Police Claims They Can Board Without Probable Cause
The various cop bureaucracies regularly board anything they like without
probable cause at any time and as often as they like in Charleston, SC, and have been doing so way before 9-11 as far back as I can remember: USCG boats full of young sailors with M-16's in hand.... SC Dept of Natural Resources game wardens dressed up like SWAT team members in camo fatigues in camo aluminum boats to hide them for the "surprise attack", endangering their lives and the lives of every boater legally flying along who can't see them until they're right on top of them.... Charleston City Police who have a fleet of boats manned by city cops guarding no-wake zones from foreign intruders, dangers immense waves caused by kids on jetskis weighing 200#, and families headed to the beach. Charleston County Police who do what the city does but in the unincorporated parts of the county. (same for every other little tax fiefdom bordering on the ICW) It wasn't uncommon to be stopped and searched, in violation of the Fourth Amendment, 2, 3 or more times on a Saturday to see if my fire extinguisher pressure guage had changed or my bilge pump float switch had become inoperative in the last couple of hours since my last illegal search and fishing expedition. The fact that my unrequired flares expired several YEARS from Saturday did not deter them from, once again, checking to see if that date on the side had changed since my last boarding. We board and inspect only small boats whos occupants cannot afford law firms on retainer, here. Stopping some big lawyer's yacht whos uncle is a State Senator probably wouldn't be a good idea, even if you can see the bales of dope strapped to the deck of his Sport Fisherman. One must think of ones job performance rating when one is trying to make cop sgt, you see. Stopping three black guys in an 1959 runabout with an Evinrude Lark will never get you fired for any reason. Sailing yachts aren't stopped, either. Many of their owners have barbed hooks in the legislature, too. Illegal search and seizure is alive and very well in South Carolina. Don't forget your wallet full of IDs, boat registrations, insurance certification that's not required and all those things in the manual for your rowboat..... Larry W4CSC (Capt Lou) wrote in : Massachusetts State Police (known as the Environmental Police on the water) claim they can board any vessel without probable cause because they have been "deputized" as federal agents by U.S. Customs. Does anyone know anything about this? "Listen to the live broadcast of 'Nautical Talk Radio' with Captain Lou every Sunday afternoon from 4 - 5 (Eastern Standard Time) on the web at www.959watd.com or if you are in Boston or Cape Cod set your radio dial to 95.9FM. |
State Police Claims They Can Board Without Probable Cause
The various cop bureaucracies regularly board anything they like without
probable cause at any time and as often as they like in Charleston, SC, and have been doing so way before 9-11 as far back as I can remember: USCG boats full of young sailors with M-16's in hand.... SC Dept of Natural Resources game wardens dressed up like SWAT team members in camo fatigues in camo aluminum boats to hide them for the "surprise attack", endangering their lives and the lives of every boater legally flying along who can't see them until they're right on top of them.... Charleston City Police who have a fleet of boats manned by city cops guarding no-wake zones from foreign intruders, dangers immense waves caused by kids on jetskis weighing 200#, and families headed to the beach. Charleston County Police who do what the city does but in the unincorporated parts of the county. (same for every other little tax fiefdom bordering on the ICW) It wasn't uncommon to be stopped and searched, in violation of the Fourth Amendment, 2, 3 or more times on a Saturday to see if my fire extinguisher pressure guage had changed or my bilge pump float switch had become inoperative in the last couple of hours since my last illegal search and fishing expedition. The fact that my unrequired flares expired several YEARS from Saturday did not deter them from, once again, checking to see if that date on the side had changed since my last boarding. We board and inspect only small boats whos occupants cannot afford law firms on retainer, here. Stopping some big lawyer's yacht whos uncle is a State Senator probably wouldn't be a good idea, even if you can see the bales of dope strapped to the deck of his Sport Fisherman. One must think of ones job performance rating when one is trying to make cop sgt, you see. Stopping three black guys in an 1959 runabout with an Evinrude Lark will never get you fired for any reason. Sailing yachts aren't stopped, either. Many of their owners have barbed hooks in the legislature, too. Illegal search and seizure is alive and very well in South Carolina. Don't forget your wallet full of IDs, boat registrations, insurance certification that's not required and all those things in the manual for your rowboat..... Larry W4CSC (Capt Lou) wrote in : Massachusetts State Police (known as the Environmental Police on the water) claim they can board any vessel without probable cause because they have been "deputized" as federal agents by U.S. Customs. Does anyone know anything about this? "Listen to the live broadcast of 'Nautical Talk Radio' with Captain Lou every Sunday afternoon from 4 - 5 (Eastern Standard Time) on the web at www.959watd.com or if you are in Boston or Cape Cod set your radio dial to 95.9FM. |
State Police Claims They Can Board Without Probable Cause
From what I read, our beloved emperor, best known as "the shrub", signed a
papal bull last February encouraging this misbehavior - but only if they think you might go to Cuba. )c: "Larry W4CSC" wrote in message ... The various cop bureaucracies regularly board anything they like without probable cause ..... |
State Police Claims They Can Board Without Probable Cause
From what I read, our beloved emperor, best known as "the shrub", signed a
papal bull last February encouraging this misbehavior - but only if they think you might go to Cuba. )c: "Larry W4CSC" wrote in message ... The various cop bureaucracies regularly board anything they like without probable cause ..... |
State Police Claims They Can Board Without Probable Cause
Larry, it sounds like you've got some experience setting up LAN
networks on sailboats. Are you available to do some work on my boat? If you're interested or would like to know more, shoot me an email... Larry W4CSC wrote in message ... The various cop bureaucracies regularly board anything they like without probable cause at any time and as often as they like in Charleston, SC, and have been doing so way before 9-11 as far back as I can remember: USCG boats full of young sailors with M-16's in hand.... SC Dept of Natural Resources game wardens dressed up like SWAT team members in camo fatigues in camo aluminum boats to hide them for the "surprise attack", endangering their lives and the lives of every boater legally flying along who can't see them until they're right on top of them.... Charleston City Police who have a fleet of boats manned by city cops guarding no-wake zones from foreign intruders, dangers immense waves caused by kids on jetskis weighing 200#, and families headed to the beach. Charleston County Police who do what the city does but in the unincorporated parts of the county. (same for every other little tax fiefdom bordering on the ICW) It wasn't uncommon to be stopped and searched, in violation of the Fourth Amendment, 2, 3 or more times on a Saturday to see if my fire extinguisher pressure guage had changed or my bilge pump float switch had become inoperative in the last couple of hours since my last illegal search and fishing expedition. The fact that my unrequired flares expired several YEARS from Saturday did not deter them from, once again, checking to see if that date on the side had changed since my last boarding. We board and inspect only small boats whos occupants cannot afford law firms on retainer, here. Stopping some big lawyer's yacht whos uncle is a State Senator probably wouldn't be a good idea, even if you can see the bales of dope strapped to the deck of his Sport Fisherman. One must think of ones job performance rating when one is trying to make cop sgt, you see. Stopping three black guys in an 1959 runabout with an Evinrude Lark will never get you fired for any reason. Sailing yachts aren't stopped, either. Many of their owners have barbed hooks in the legislature, too. Illegal search and seizure is alive and very well in South Carolina. Don't forget your wallet full of IDs, boat registrations, insurance certification that's not required and all those things in the manual for your rowboat..... Larry W4CSC (Capt Lou) wrote in : Massachusetts State Police (known as the Environmental Police on the water) claim they can board any vessel without probable cause because they have been "deputized" as federal agents by U.S. Customs. Does anyone know anything about this? "Listen to the live broadcast of 'Nautical Talk Radio' with Captain Lou every Sunday afternoon from 4 - 5 (Eastern Standard Time) on the web at www.959watd.com or if you are in Boston or Cape Cod set your radio dial to 95.9FM. |
State Police Claims They Can Board Without Probable Cause
Larry, it sounds like you've got some experience setting up LAN
networks on sailboats. Are you available to do some work on my boat? If you're interested or would like to know more, shoot me an email... Larry W4CSC wrote in message ... The various cop bureaucracies regularly board anything they like without probable cause at any time and as often as they like in Charleston, SC, and have been doing so way before 9-11 as far back as I can remember: USCG boats full of young sailors with M-16's in hand.... SC Dept of Natural Resources game wardens dressed up like SWAT team members in camo fatigues in camo aluminum boats to hide them for the "surprise attack", endangering their lives and the lives of every boater legally flying along who can't see them until they're right on top of them.... Charleston City Police who have a fleet of boats manned by city cops guarding no-wake zones from foreign intruders, dangers immense waves caused by kids on jetskis weighing 200#, and families headed to the beach. Charleston County Police who do what the city does but in the unincorporated parts of the county. (same for every other little tax fiefdom bordering on the ICW) It wasn't uncommon to be stopped and searched, in violation of the Fourth Amendment, 2, 3 or more times on a Saturday to see if my fire extinguisher pressure guage had changed or my bilge pump float switch had become inoperative in the last couple of hours since my last illegal search and fishing expedition. The fact that my unrequired flares expired several YEARS from Saturday did not deter them from, once again, checking to see if that date on the side had changed since my last boarding. We board and inspect only small boats whos occupants cannot afford law firms on retainer, here. Stopping some big lawyer's yacht whos uncle is a State Senator probably wouldn't be a good idea, even if you can see the bales of dope strapped to the deck of his Sport Fisherman. One must think of ones job performance rating when one is trying to make cop sgt, you see. Stopping three black guys in an 1959 runabout with an Evinrude Lark will never get you fired for any reason. Sailing yachts aren't stopped, either. Many of their owners have barbed hooks in the legislature, too. Illegal search and seizure is alive and very well in South Carolina. Don't forget your wallet full of IDs, boat registrations, insurance certification that's not required and all those things in the manual for your rowboat..... Larry W4CSC (Capt Lou) wrote in : Massachusetts State Police (known as the Environmental Police on the water) claim they can board any vessel without probable cause because they have been "deputized" as federal agents by U.S. Customs. Does anyone know anything about this? "Listen to the live broadcast of 'Nautical Talk Radio' with Captain Lou every Sunday afternoon from 4 - 5 (Eastern Standard Time) on the web at www.959watd.com or if you are in Boston or Cape Cod set your radio dial to 95.9FM. |
State Police Claims They Can Board Without Probable Cause
I read the other day that government (state and federal) was spending
in excess of $12,000.00 to protect each manatee (by their own manatee census). The manatee police are probably unconstituionally boarding and searching for evidence of interference with this protected species as we speak. On the ICW I note that the only boaters I see racing through "Manatee Zones" are the blue-light boys. There is no limit to the abuse the American public will willingly accept. If I forefathers were to learn of the abuse we tolerate from the myriad of expanding "police entities" they would weep with shame at the nation of sheep we have become. On Wed, 21 Apr 2004 00:39:46 -0000, Larry W4CSC wrote: The various cop bureaucracies regularly board anything they like without probable cause at any time and as often as they like in Charleston, SC, and have been doing so way before 9-11 as far back as I can remember: USCG boats full of young sailors with M-16's in hand.... SC Dept of Natural Resources game wardens dressed up like SWAT team members in camo fatigues in camo aluminum boats to hide them for the "surprise attack", endangering their lives and the lives of every boater legally flying along who can't see them until they're right on top of them.... Charleston City Police who have a fleet of boats manned by city cops guarding no-wake zones from foreign intruders, dangers immense waves caused by kids on jetskis weighing 200#, and families headed to the beach. Charleston County Police who do what the city does but in the unincorporated parts of the county. (same for every other little tax fiefdom bordering on the ICW) It wasn't uncommon to be stopped and searched, in violation of the Fourth Amendment, 2, 3 or more times on a Saturday to see if my fire extinguisher pressure guage had changed or my bilge pump float switch had become inoperative in the last couple of hours since my last illegal search and fishing expedition. The fact that my unrequired flares expired several YEARS from Saturday did not deter them from, once again, checking to see if that date on the side had changed since my last boarding. We board and inspect only small boats whos occupants cannot afford law firms on retainer, here. Stopping some big lawyer's yacht whos uncle is a State Senator probably wouldn't be a good idea, even if you can see the bales of dope strapped to the deck of his Sport Fisherman. One must think of ones job performance rating when one is trying to make cop sgt, you see. Stopping three black guys in an 1959 runabout with an Evinrude Lark will never get you fired for any reason. Sailing yachts aren't stopped, either. Many of their owners have barbed hooks in the legislature, too. Illegal search and seizure is alive and very well in South Carolina. Don't forget your wallet full of IDs, boat registrations, insurance certification that's not required and all those things in the manual for your rowboat..... Larry W4CSC (Capt Lou) wrote in : Massachusetts State Police (known as the Environmental Police on the water) claim they can board any vessel without probable cause because they have been "deputized" as federal agents by U.S. Customs. Does anyone know anything about this? "Listen to the live broadcast of 'Nautical Talk Radio' with Captain Lou every Sunday afternoon from 4 - 5 (Eastern Standard Time) on the web at www.959watd.com or if you are in Boston or Cape Cod set your radio dial to 95.9FM. |
State Police Claims They Can Board Without Probable Cause
I read the other day that government (state and federal) was spending
in excess of $12,000.00 to protect each manatee (by their own manatee census). The manatee police are probably unconstituionally boarding and searching for evidence of interference with this protected species as we speak. On the ICW I note that the only boaters I see racing through "Manatee Zones" are the blue-light boys. There is no limit to the abuse the American public will willingly accept. If I forefathers were to learn of the abuse we tolerate from the myriad of expanding "police entities" they would weep with shame at the nation of sheep we have become. On Wed, 21 Apr 2004 00:39:46 -0000, Larry W4CSC wrote: The various cop bureaucracies regularly board anything they like without probable cause at any time and as often as they like in Charleston, SC, and have been doing so way before 9-11 as far back as I can remember: USCG boats full of young sailors with M-16's in hand.... SC Dept of Natural Resources game wardens dressed up like SWAT team members in camo fatigues in camo aluminum boats to hide them for the "surprise attack", endangering their lives and the lives of every boater legally flying along who can't see them until they're right on top of them.... Charleston City Police who have a fleet of boats manned by city cops guarding no-wake zones from foreign intruders, dangers immense waves caused by kids on jetskis weighing 200#, and families headed to the beach. Charleston County Police who do what the city does but in the unincorporated parts of the county. (same for every other little tax fiefdom bordering on the ICW) It wasn't uncommon to be stopped and searched, in violation of the Fourth Amendment, 2, 3 or more times on a Saturday to see if my fire extinguisher pressure guage had changed or my bilge pump float switch had become inoperative in the last couple of hours since my last illegal search and fishing expedition. The fact that my unrequired flares expired several YEARS from Saturday did not deter them from, once again, checking to see if that date on the side had changed since my last boarding. We board and inspect only small boats whos occupants cannot afford law firms on retainer, here. Stopping some big lawyer's yacht whos uncle is a State Senator probably wouldn't be a good idea, even if you can see the bales of dope strapped to the deck of his Sport Fisherman. One must think of ones job performance rating when one is trying to make cop sgt, you see. Stopping three black guys in an 1959 runabout with an Evinrude Lark will never get you fired for any reason. Sailing yachts aren't stopped, either. Many of their owners have barbed hooks in the legislature, too. Illegal search and seizure is alive and very well in South Carolina. Don't forget your wallet full of IDs, boat registrations, insurance certification that's not required and all those things in the manual for your rowboat..... Larry W4CSC (Capt Lou) wrote in : Massachusetts State Police (known as the Environmental Police on the water) claim they can board any vessel without probable cause because they have been "deputized" as federal agents by U.S. Customs. Does anyone know anything about this? "Listen to the live broadcast of 'Nautical Talk Radio' with Captain Lou every Sunday afternoon from 4 - 5 (Eastern Standard Time) on the web at www.959watd.com or if you are in Boston or Cape Cod set your radio dial to 95.9FM. |
State Police Claims They Can Board Without Probable Cause
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State Police Claims They Can Board Without Probable Cause
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State Police Claims They Can Board Without Probable Cause
In article , wrote:
On 20 Apr 2004 13:14:11 GMT, (Capt Lou) wrote (with possible editing): Massachusetts State Police (known as the Environmental Police on the water) claim they can board any vessel without probable cause because they have been "deputized" as federal agents by U.S. Customs. Does anyone know anything about this? IANAL, but my limited understanding of the law is that if you are boarded illegally and a ticket results, any lawyer can defeat it in court by simply proving the search was illegal and that the officer lacked probable cause to board you in the first place. If there's a lawyer around, perhaps he can confirm that. If itt costs you time in court and a lawyer's fee instead of a fine, is that an improvement? |
State Police Claims They Can Board Without Probable Cause
Paul, That is exactly what these agencies count on. Chuck
(Paul Revere) wrote in message news:SYThc.43832$bl.29899@okepread03... In article , wrote: On 20 Apr 2004 13:14:11 GMT, (Capt Lou) wrote (with possible editing): Massachusetts State Police (known as the Environmental Police on the water) claim they can board any vessel without probable cause because they have been "deputized" as federal agents by U.S. Customs. Does anyone know anything about this? IANAL, but my limited understanding of the law is that if you are boarded illegally and a ticket results, any lawyer can defeat it in court by simply proving the search was illegal and that the officer lacked probable cause to board you in the first place. If there's a lawyer around, perhaps he can confirm that. If itt costs you time in court and a lawyer's fee instead of a fine, is that an improvement? |
State Police Claims They Can Board Without Probable Cause
Paul, That is exactly what these agencies count on. Chuck
(Paul Revere) wrote in message news:SYThc.43832$bl.29899@okepread03... In article , wrote: On 20 Apr 2004 13:14:11 GMT, (Capt Lou) wrote (with possible editing): Massachusetts State Police (known as the Environmental Police on the water) claim they can board any vessel without probable cause because they have been "deputized" as federal agents by U.S. Customs. Does anyone know anything about this? IANAL, but my limited understanding of the law is that if you are boarded illegally and a ticket results, any lawyer can defeat it in court by simply proving the search was illegal and that the officer lacked probable cause to board you in the first place. If there's a lawyer around, perhaps he can confirm that. If itt costs you time in court and a lawyer's fee instead of a fine, is that an improvement? |
State Police Claims They Can Board Without Probable Cause
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State Police Claims They Can Board Without Probable Cause
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State Police Claims They Can Board Without Probable Cause
nospam wrote in
: There is no limit to the abuse the American public will willingly accept. If I forefathers were to learn of the abuse we tolerate from the myriad of expanding "police entities" they would weep with shame at the nation of sheep we have become. What I cannot understand is the flames anyone, who dares question why this goes on on the water, must endure from those who support these tactics..... |
State Police Claims They Can Board Without Probable Cause
nospam wrote in
: There is no limit to the abuse the American public will willingly accept. If I forefathers were to learn of the abuse we tolerate from the myriad of expanding "police entities" they would weep with shame at the nation of sheep we have become. What I cannot understand is the flames anyone, who dares question why this goes on on the water, must endure from those who support these tactics..... |
State Police Claims They Can Board Without Probable Cause
Larry W4CSC wrote:
What I cannot understand is the flames anyone, who dares question why this goes on on the water, must endure from those who support these tactics..... Because By God if you don't agree with MY reasoning why you're just a ______ You can fill in the blank and go directly to jail. -- A morsel of genuine history is a thing so rare as to be always valuable. -- Thomas Jefferson |
State Police Claims They Can Board Without Probable Cause
Larry W4CSC wrote:
What I cannot understand is the flames anyone, who dares question why this goes on on the water, must endure from those who support these tactics..... Because By God if you don't agree with MY reasoning why you're just a ______ You can fill in the blank and go directly to jail. -- A morsel of genuine history is a thing so rare as to be always valuable. -- Thomas Jefferson |
State Police Claims They Can Board Without Probable Cause
In article , (Chuck Baier) wrote:
Paul, That is exactly what these agencies count on. Chuck Possibly, but unless one could sue individual government agents for violating one's rights there is no disincentive for them to continue. Your avoidance of a fine costs the agent who violated your rights nothing. (Paul Revere) wrote in message news:SYThc.43832$bl.29899@okepread03... In article , wrote: On 20 Apr 2004 13:14:11 GMT, (Capt Lou) wrote (with possible editing): Massachusetts State Police (known as the Environmental Police on the water) claim they can board any vessel without probable cause because they have been "deputized" as federal agents by U.S. Customs. Does anyone know anything about this? IANAL, but my limited understanding of the law is that if you are boarded illegally and a ticket results, any lawyer can defeat it in court by simply proving the search was illegal and that the officer lacked probable cause to board you in the first place. If there's a lawyer around, perhaps he can confirm that. If itt costs you time in court and a lawyer's fee instead of a fine, is that an improvement? |
State Police Claims They Can Board Without Probable Cause
In article , (Chuck Baier) wrote:
Paul, That is exactly what these agencies count on. Chuck Possibly, but unless one could sue individual government agents for violating one's rights there is no disincentive for them to continue. Your avoidance of a fine costs the agent who violated your rights nothing. (Paul Revere) wrote in message news:SYThc.43832$bl.29899@okepread03... In article , wrote: On 20 Apr 2004 13:14:11 GMT, (Capt Lou) wrote (with possible editing): Massachusetts State Police (known as the Environmental Police on the water) claim they can board any vessel without probable cause because they have been "deputized" as federal agents by U.S. Customs. Does anyone know anything about this? IANAL, but my limited understanding of the law is that if you are boarded illegally and a ticket results, any lawyer can defeat it in court by simply proving the search was illegal and that the officer lacked probable cause to board you in the first place. If there's a lawyer around, perhaps he can confirm that. If itt costs you time in court and a lawyer's fee instead of a fine, is that an improvement? |
State Police Claims They Can Board Without Probable Cause
That's the name of the game. They don't care WHO you pay some money to, just
that it costs you. Remember, the judges used to be lawyers so they take care of their own. Besides, when the big guy with the gun comes a-callin' do you really think you're going to tell him "no"? -- Keith __ Boating isn't dangerous. Sinking is what's dangerous. "Paul Revere" wrote in message news:SYThc.43832$bl.29899@okepread03... In article , wrote: On 20 Apr 2004 13:14:11 GMT, (Capt Lou) wrote (with possible editing): Massachusetts State Police (known as the Environmental Police on the water) claim they can board any vessel without probable cause because they have been "deputized" as federal agents by U.S. Customs. Does anyone know anything about this? IANAL, but my limited understanding of the law is that if you are boarded illegally and a ticket results, any lawyer can defeat it in court by simply proving the search was illegal and that the officer lacked probable cause to board you in the first place. If there's a lawyer around, perhaps he can confirm that. If itt costs you time in court and a lawyer's fee instead of a fine, is that an improvement? |
State Police Claims They Can Board Without Probable Cause
That's the name of the game. They don't care WHO you pay some money to, just
that it costs you. Remember, the judges used to be lawyers so they take care of their own. Besides, when the big guy with the gun comes a-callin' do you really think you're going to tell him "no"? -- Keith __ Boating isn't dangerous. Sinking is what's dangerous. "Paul Revere" wrote in message news:SYThc.43832$bl.29899@okepread03... In article , wrote: On 20 Apr 2004 13:14:11 GMT, (Capt Lou) wrote (with possible editing): Massachusetts State Police (known as the Environmental Police on the water) claim they can board any vessel without probable cause because they have been "deputized" as federal agents by U.S. Customs. Does anyone know anything about this? IANAL, but my limited understanding of the law is that if you are boarded illegally and a ticket results, any lawyer can defeat it in court by simply proving the search was illegal and that the officer lacked probable cause to board you in the first place. If there's a lawyer around, perhaps he can confirm that. If itt costs you time in court and a lawyer's fee instead of a fine, is that an improvement? |
State Police Claims They Can Board Without Probable Cause
IANAL, but my limited understanding of the law is that if you are boarded illegally and a ticket results, any lawyer can defeat it in court by simply proving the search was illegal and that the officer lacked probable cause to board you in the first place. If there's a lawyer around, perhaps he can confirm that. If itt costs you time in court and a lawyer's fee instead of a fine, is that an improvement? I hate to tell you this but Maritime Law/Admiralty Law/Law of the sea etc is TOTALLY different than land based laws in the US. Most striking is that here in the US you are innocent until proven guilty, In maritime law, in most instances, you are considered guilty unless proven innocent! Another difference that many have seen is the illegality of gambling casinos on land, but legal on the water (not just offshore, but on navigable rivers and lakes). Ever wonder why the coast guard can do things that state law enforcement can't? Two reasons, A) they are federal and B) they operate under Maritime law instead of land law. For all sorts of interesting (but very boring) information, check http://www.admiraltylawguide.com/ |
State Police Claims They Can Board Without Probable Cause
IANAL, but my limited understanding of the law is that if you are boarded illegally and a ticket results, any lawyer can defeat it in court by simply proving the search was illegal and that the officer lacked probable cause to board you in the first place. If there's a lawyer around, perhaps he can confirm that. If itt costs you time in court and a lawyer's fee instead of a fine, is that an improvement? I hate to tell you this but Maritime Law/Admiralty Law/Law of the sea etc is TOTALLY different than land based laws in the US. Most striking is that here in the US you are innocent until proven guilty, In maritime law, in most instances, you are considered guilty unless proven innocent! Another difference that many have seen is the illegality of gambling casinos on land, but legal on the water (not just offshore, but on navigable rivers and lakes). Ever wonder why the coast guard can do things that state law enforcement can't? Two reasons, A) they are federal and B) they operate under Maritime law instead of land law. For all sorts of interesting (but very boring) information, check http://www.admiraltylawguide.com/ |
State Police Claims They Can Board Without Probable Cause
Was having lunch yesterday at the café in the Marina. NH State Marine Patrol
boat comes in, docks and the too occupants come into the café. I strike up a conversation regarding their new launch, and mention that I had familiarity with the old one. In 2002 they had come up behind me while I was waiting for the bridge in front of the Portsmouth Naval Shipyard. NO running lights, NO radio Hail. Just a sudden spotlight on the helm from about 50 yds and a demand that I shut off my engine and stand by to be boarded. No identification in that hail. I yelled back over my diesel that I was NOT going to shut down my engine in 3 kts current that would sweep me into a Federal Security zone for anyone, and who the hell were they. They then identified themselves. I told them that I was still not standing too as I was in MAINE Waters off the shipyard and that if they wanted me to wait on the other side of the bridge which had just raised for me I would be glad to do so, IF they put fenders down. After another hail the proceeded to tell me my steaming light was out. The funny thing about this is that this year the Marine patrol was trying to blame that one on the Coast Guard. Your milage may vary. Sheldon. -- Sheldon Haynie Texas Instruments 50 Phillipe Cote Manchester, NH 03101 603 222 8652 |
State Police Claims They Can Board Without Probable Cause
Was having lunch yesterday at the café in the Marina. NH State Marine Patrol
boat comes in, docks and the too occupants come into the café. I strike up a conversation regarding their new launch, and mention that I had familiarity with the old one. In 2002 they had come up behind me while I was waiting for the bridge in front of the Portsmouth Naval Shipyard. NO running lights, NO radio Hail. Just a sudden spotlight on the helm from about 50 yds and a demand that I shut off my engine and stand by to be boarded. No identification in that hail. I yelled back over my diesel that I was NOT going to shut down my engine in 3 kts current that would sweep me into a Federal Security zone for anyone, and who the hell were they. They then identified themselves. I told them that I was still not standing too as I was in MAINE Waters off the shipyard and that if they wanted me to wait on the other side of the bridge which had just raised for me I would be glad to do so, IF they put fenders down. After another hail the proceeded to tell me my steaming light was out. The funny thing about this is that this year the Marine patrol was trying to blame that one on the Coast Guard. Your milage may vary. Sheldon. -- Sheldon Haynie Texas Instruments 50 Phillipe Cote Manchester, NH 03101 603 222 8652 |
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