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On 8 Mar 2007 17:25:34 -0800, "Chuck Gould"
wrote: People who bring boats to Florida from states where there is no registration of boats or where it is considered "optional" are informed about the Florida law, let off with a warning, and told they have 2-weeks to finish up their visit to Florida *or* apply for a registration. There's the crux of the matter. A warning implies that one has broken a law and the law enforcement option is to issue a warning so that one doesn't (1) do it again or is notified that a problem exists and needs correction. What this guy is doing is judging intent ahead of time - if the reports are as stated. He can't do that - in fact, a case could be made for profiling if he does this on a regular basis. I'm surprised that somebody hasn't done so. It's a question of intent. He has the right to stop a vessel and ask, but if the owner presents documents that indicate it is owned by a person whose state of residence doesn't require registration or visible evidence of registration, he does not have the right to issue a warning for a law that has not been broken. A warning is an official law enforcement document - law enforcement officers and adminsitrations track warnings issued. In this case, to issue a warning, he would have to be able to prove that the vessel has been in Florida waters for longer than two weeks - which would be impossible to prove. He can't issue a warning for less than two weeks because no law has been broken. |
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