Minn. High Court Allows Boat Searches

By ASHLEY H. GRANT
..c The Associated Press

ST. PAUL, Minn. (AP) - The Minnesota Supreme Court ruled Thursday that game
wardens can search boats without the consent of the owner or probable cause to
suspect illegal activity.

The court put the protection of natural resources ahead of fishermen's
expectations of privacy.

Fishing boats should not have the same Fourth Amendment protections against
searches as homes or even cars because ``fishing is a largely recreational
privilege that anglers choose to engage in with knowledge of the regulations
governing their conduct,'' Justice James Gilbert said.

The case involved John Colosimo, a lawyer from Virginia, Minn., who would not
let a game warden inspect his boat in northern Minnesota. Colosimo's
misdemeanor conviction for refusing an inspection, overturned by an appeals
court, was reinstated by the Supreme Court.

Colosimo, who faces up to 90 days in jail, did not immediately return a call
for comment.

Col. Mike Hamm, enforcement chief for the Department of Natural Resources, said
the decision was ``a great thing.''

Colosimo had argued that allowing officers to inspect boats without some
evidence of wrongdoing violates the constitutional protection against
unreasonable searches and seizures.

But state officials argued that with 2.1 million fishermen and about 200
conservation officers in Minnesota, the only way to protect natural resources
was searching with or without consent.

Only one of the six jurists who voted, Justice Alan Page, disagreed with the
entire decision, though another justice dissented in part.

Page warned that the ruling ``ensures that every such search will be
reasonable, even when based on a conservation officer's whim.''



09/25/03 18:01 EDT


Copyright 2003 The Associated Press. The information contained in the AP news
report may not be published, broadcast, rewritten or otherwise distributed
without the prior written authority of The Associated Press. All active
hyperlinks have been inserted by AOL.





http://www.publicdebt.treas.gov/opd/opdpenny.htm

On 26 Sep 2003 22:01:23 GMT, (Gould 0738) wrote:

Minn. High Court Allows Boat Searches

snipped scary article

Similar conditions have existed in New York State for some time. DEC
(Dept. of Environmental Conservation) Officers have far more power
than even the State Police. No warrant is required for home, vehicle,
or personal searches. Probable Cause is relegated to the intuition of
the officer, or a Ouija board, as the case may be.


....carry on.
noah

To email me, please remove the "FISH" from the net.

On 26 Sep 2003 20:14:14 -0500, noah
wrote:

On 26 Sep 2003 22:01:23 GMT, (Gould 0738) wrote:

Minn. High Court Allows Boat Searches

snipped scary article

Similar conditions have existed in New York State for some time. DEC
(Dept. of Environmental Conservation) Officers have far more power
than even the State Police. No warrant is required for home, vehicle,
or personal searches. Probable Cause is relegated to the intuition of
the officer, or a Ouija board, as the case may be.


...carry on.
noah


....an afterthought.

If we, as a nation, are ever deprived of our liberty, it won't be to
the likes of bin Laden or Hussein. We will offer it up, piecemeal, to
our "protectors", who will gladly take it. It will make things
"easier", right?


"Those who sacrifice liberty in the name of security deserve
neither."- Benjamin Franklin

....carry on.
noah

To email me, please remove the "FISH" from the net.

On 26 Sep 2003 21:06:16 -0500, noah
wrote:


"Those who sacrifice liberty in the name of security deserve
neither."- Benjamin Franklin

....or

"Those that suppress freedom always do so in the name of law and
order." - John Lindsay

....carry on.
noah

To email me, please remove the "FISH" from the net.

"noah" wrote in message
...
On 26 Sep 2003 21:06:16 -0500, noah
wrote:


"Those who sacrifice liberty in the name of security deserve
neither."- Benjamin Franklin

...or

"Those that suppress freedom always do so in the name of law and
order." - John Lindsay

...carry on.
noah

To email me, please remove the "FISH" from the net.

Let me point out, gently, that the ability of DNR officers in Minnesota
to search boats was only overturned by a lower court last year. This is
a practice they have engaged in for many years. So don't get too upset.

del cecchi

On Sat, 27 Sep 2003 20:53:29 -0500, "del cecchi"
wrote:


"noah" wrote in message
.. .
On 26 Sep 2003 21:06:16 -0500, noah
wrote:


"Those who sacrifice liberty in the name of security deserve
neither."- Benjamin Franklin

...or

"Those that suppress freedom always do so in the name of law and
order." - John Lindsay

...carry on.
noah

To email me, please remove the "FISH" from the net.

Let me point out, gently, that the ability of DNR officers in Minnesota
to search boats was only overturned by a lower court last year. This is
a practice they have engaged in for many years. So don't get too upset.

del cecchi


???. I'm not upset. My response concerned Gould's post.

NY DEC Officers are still quite capable of searching your boat, car,
house, garage, freezer, and Grandma's undies if they "suspect" you
have violated game laws. I abide by the game laws, but I resent the
intrusion into Constitutionally guaranteed rights.

Q: How do you eat an elephant?
A: One bite at a time.

....carry on.
noah

To email me, please remove the "FISH" from the net.

Isn't driving "largely a recreational activity that drivers choose to engage
in with knowledge of the regulations governing their conduct"?

Besides, you can sure as hell understand driving regulation better than
fishing regulations. You almost need a damn lawyer to decipher half the
regulations. Maybe that's why the lawyer was concerned

"Gould 0738" wrote in message
...
Minn. High Court Allows Boat Searches

By ASHLEY H. GRANT
.c The Associated Press

ST. PAUL, Minn. (AP) - The Minnesota Supreme Court ruled Thursday that
game
wardens can search boats without the consent of the owner or probable
cause to
suspect illegal activity.

The court put the protection of natural resources ahead of fishermen's
expectations of privacy.

Fishing boats should not have the same Fourth Amendment protections
against
searches as homes or even cars because ``fishing is a largely recreational
privilege that anglers choose to engage in with knowledge of the
regulations
governing their conduct,'' Justice James Gilbert said.

The case involved John Colosimo, a lawyer from Virginia, Minn., who would
not
let a game warden inspect his boat in northern Minnesota. Colosimo's
misdemeanor conviction for refusing an inspection, overturned by an
appeals
court, was reinstated by the Supreme Court.

Colosimo, who faces up to 90 days in jail, did not immediately return a
call
for comment.

Col. Mike Hamm, enforcement chief for the Department of Natural Resources,
said
the decision was ``a great thing.''

Colosimo had argued that allowing officers to inspect boats without some
evidence of wrongdoing violates the constitutional protection against
unreasonable searches and seizures.

But state officials argued that with 2.1 million fishermen and about 200
conservation officers in Minnesota, the only way to protect natural
resources
was searching with or without consent.

Only one of the six jurists who voted, Justice Alan Page, disagreed with
the
entire decision, though another justice dissented in part.

Page warned that the ruling ``ensures that every such search will be
reasonable, even when based on a conservation officer's whim.''



09/25/03 18:01 EDT


Copyright 2003 The Associated Press. The information contained in the AP
news
report may not be published, broadcast, rewritten or otherwise distributed
without the prior written authority of The Associated Press. All active
hyperlinks have been inserted by AOL.





http://www.publicdebt.treas.gov/opd/opdpenny.htm

This has been true in cars since the Carter administration, by Supreme court
decree and in boats since the Washington administration.
Cops, DEA, Coast Guard, Customs and wildlife officers have always had the power
to stop and search a boat or a car.
There is absolutely no expectation of privacy in your car or boat. I am not
saying it is right, only that it is true. The courts have upheld the 4th
amendment in your home but as soon as you hit the road or the water you lost
that protection.
Yes the govenment is out of control and don't expect the Republicans OR the
Democrats to help you.
Check out www.lp.org if you want some freedom.

When your left(ist) brain kicks in, try to at least state something
halfway plausible.

Or not.

Darn Wally. I thought I was in your kill file.
You promised to put me there after you were so very disappointed to discover no
boating content in a thread somebody started and titled "OT: George Bush is
Getting Scary" (or something very similar).

If you would care to furnish some examples of GWB's abstract reasoning ability,
please do. Or is enough to imply that people who have not been impressed with
some aspects of his intellectual profile are just too stupid to appreciate the
man's obvious brilliance?

The again, Bush may appear more or less intelligent depending on personal
perspective.