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.

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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?

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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.