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#2
posted to rec.boats
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begins badly
On Wed, 04 Apr 2018 00:13:36 -0400,
wrote: On Tue, 03 Apr 2018 23:47:32 -0400, wrote: On Tue, 03 Apr 2018 23:13:24 -0400, wrote: On Tue, 03 Apr 2018 19:33:27 -0400, wrote: they can board and search vessels at sea without a warrant and that extends into just about anywhere they have jurisdiction. You see that in action here when they will put some junior enlisted coastie on the sheriff's boat during those enhanced enforcement weekends so they do not have to deal with niceties if they want to look over your boat. They just send the CG guy on board to look around. The CG does have the power to immediately seize your boat if there are drugs on board, in any quantity. I often wonder if that has ever been tested in court if they are inside the COLREGS line. I know offshore guides are pretty adamant with a "no drugs on my boat" rule. === Small quantities of drugs inside the COLREGS line would probably be referred to local law enforcement similar to how suspected firearms violations are handled. --- I imagine but they do have the coastie on the sheriff boat now and then. Like I said, I wonder how a court would rule if they caught a guy with a joint in the console in the bay and the coastie turned it up on a warrantless search. That is not exactly the "high seas" even if the operator is high. I know motor vehicle law is well tested on the side of the road but I am not sure how that translates to boats. I have never actually heard about people being "boarded" by LEOs unless they had PC they spotted from their boat or they thought the operator was impaired. I know when they stopped me and gave me the DUI test coming past the shrimp boats the sheriff was in his boat and I was in mine. It was no big deal since I was OK but I was interested in the process. He was stopping pretty much everyone. When the FWC guy stopped me in Mullock Creek, he stayed in his boat too. He just had me show him I had no fish in my cooler. I ended up showing him all of my gear but he did that in a way that I did not feel like I was being jacked up. He was actually a very cool cop. It was like "I really like your boat, do you keep your life jackets in that box" sort of thing. It was just two guys talking about their boats. === The gave you a breathalyzer test on your boat with no probable cause? What if you say no? No he just did the flashlight thing and asked me a few questions. It did not occur to me to say no. I had nothing to hide but I know that is how rights are simply given away. I did question his shining a white light in my eyes when I was going to be navigating at night. He apologized and said he was just doing his job. He got the light out of my face and stalled around long enough looking at my papers for me to recover some night vision. That area is lit up like time square anyway until you get to mid island and cut back into the mangroves. Once I got around the corner from the marina I was seeing OK enough to run the mangroves back to the river. |
#3
posted to rec.boats
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begins badly
wrote:
On Tue, 03 Apr 2018 23:47:32 -0400, wrote: On Tue, 03 Apr 2018 23:13:24 -0400, wrote: On Tue, 03 Apr 2018 19:33:27 -0400, wrote: they can board and search vessels at sea without a warrant and that extends into just about anywhere they have jurisdiction. You see that in action here when they will put some junior enlisted coastie on the sheriff's boat during those enhanced enforcement weekends so they do not have to deal with niceties if they want to look over your boat. They just send the CG guy on board to look around. The CG does have the power to immediately seize your boat if there are drugs on board, in any quantity. I often wonder if that has ever been tested in court if they are inside the COLREGS line. I know offshore guides are pretty adamant with a "no drugs on my boat" rule. === Small quantities of drugs inside the COLREGS line would probably be referred to local law enforcement similar to how suspected firearms violations are handled. --- I imagine but they do have the coastie on the sheriff boat now and then. Like I said, I wonder how a court would rule if they caught a guy with a joint in the console in the bay and the coastie turned it up on a warrantless search. That is not exactly the "high seas" even if the operator is high. I know motor vehicle law is well tested on the side of the road but I am not sure how that translates to boats. I have never actually heard about people being "boarded" by LEOs unless they had PC they spotted from their boat or they thought the operator was impaired. I know when they stopped me and gave me the DUI test coming past the shrimp boats the sheriff was in his boat and I was in mine. It was no big deal since I was OK but I was interested in the process. He was stopping pretty much everyone. When the FWC guy stopped me in Mullock Creek, he stayed in his boat too. He just had me show him I had no fish in my cooler. I ended up showing him all of my gear but he did that in a way that I did not feel like I was being jacked up. He was actually a very cool cop. It was like "I really like your boat, do you keep your life jackets in that box" sort of thing. It was just two guys talking about their boats. === The gave you a breathalyzer test on your boat with no probable cause? What if you say no? --- This email has been checked for viruses by AVG. http://www.avg.com The breathalyzer would most likely be tossed as illegal. But fish and wildlife seem to have a pass on checking for poaching. The CG can check as they started as the Revenue Service and were checking for smugglers. Still a valid reason for warrantless search. |
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