Quote:
Originally Posted by GH85Carrera
I have one question for the folks that have sailed outside the US waters. I presume other countries have the equivalent of the cost guard for their countries. Do all the "coast guard like" entities have the same powers to board and inspect with no warrant? If a sailor is 200 miles out or just 20 miles out, can the Mexican coast guard board and inspect like the US Coast guard can?
I understand the need to check for safety and illegal stuff, but I certainly understand Jeff's point, of a complete lack of 4th amendment rights. I can understand both views and I see the conflict.
Interesting thread.
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Many of the other "Coast Guards" are just Search and Rescue. Smaller countries just use their Navy's, or local marine law enforcement patrols to do boarding's. Ask yourself if you think a third world country has to ask to climb on your boat in their territorial waters? Often the EEZ (Exclusive Economic Zone) extends 250nm off shore. So if they think you are fishing, or mining or using their resources they can enforce their resource laws on you. All of these things depend if those countries signed the treaties in 1982. If the didn't get in on the treaty deal, who knows? Before '82 it was a real mess countries claiming all kinds of water's as their own.
We have the Posse Comitatus Act keeping us from using our Navy to enforce law on our own citizens.
The Coast Guard is kept under other agency's umbrella's so they can enforce maritime law. We are currently Homeland Security. When I first enlisted we worked for the Department of Transportation. During wartime, we have our Homeland Security affiliation dropped and work under the Navy. It's that Navy deal that makes us part of the "real Armed Forces." It's also why we have the same ranking systems, and have to train so much with the stupid squids, and why we fall under the UCMJ.
In general, if you are transiting outside of 12nm (High Seas), you only fall under the jurisdiction of your own mother country. Inside of that as long as you don't stop your transit, you fall under the Right of Innocent Passage also adopted in the 1982 Treaty. Force majeure can also play a part so you could moor up during a storm or if you broke down, and not be subject to the other country as long as you don't leave the boat and don't pollute. Other countries can enforce pollution and smuggling and safety stuff on you if you are stopping to refuel, or stay for a visit. All of the high sea stuff really only applies to the Nations who signed the 82 treaty.-WW