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Just so happens The Guardian is on right now would be interesting to hear your opinion on it.
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Byron ![]() 20+ year PCA member ![]() Many Cool Porsches, Projects& Parts, Vintage BMX bikes too |
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44' mlb, 47' mlb and RHIBs I assume? Do any time on one of these?
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So, yeah, it seems most agree that this enforcement is needed, and very seldom abused. That's fine. We have all seen, however, what authorities do with authority. There is good reason we have so dramatically limited just what they can do with it. That is why it surprises me so that we still allow this level of invasion into our private space merely because we are on the water. When hunting or fishing, I can understand it a bit more. We acknowledge that we are giving up certain rights in exchange for the state granted "privilege" of hunting or fishing. I'm just not comfortable with my new found knowledge that boating apparently requires the relinquishment of our rights in a very similar fashion.
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Jeff '72 911T 3.0 MFI '93 Ducati 900 Super Sport "God invented whiskey so the Irish wouldn't rule the world" |
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The Coast Guard’s primary law enforcement authority is derived from 14 USC 89 (made law in1949) which states in part, “The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of the laws of the United States for such purposes, commissioned, warrant and petty officers may at any time go on board of any vessel subject to the jurisdiction, or to the operations of any law, of the United States, address inquiries to those on board, examine the ship’s documents and papers, and examine, inspect, and search the vessel and use all necessary force to compel compliance . . .”
If you are expecting the Courts to reverse decades of decisions finding that 14 U.S.C. 89 searches are not in conflict with the Fourth Amendment, forget about it. In today’s society where everyone is subject to mandatory searches without probable cause every time you board an airliner, enter a government building, state or federal, or major sporting event, the power of the Coast Guard to search any vessel at any time is not going to be fettered. It will take an act of Congress and that will never happen. U.S. Courts over the last 200 years have consistently validated the right of the Coast Guard to board and inspect vessels, probable cause or not. To refuse permission for Coast Guard personnel to board may subject them to a penalty of $500. Forcibly resisting is a felony punishable by up to ten years in prison and a $10,000.00 fine. The fourth amendment has never been bestowed to boats You can refuse all you want you’re still getting boarded. Obviously 9/11 had a huge impact, and changed the emphasis from a boating safety or vessel registration check, so much more serious areas. It is what it is unless Congress changes the laws.
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As others have stated here this is a very interesting thread. As an inland small boat operator I've been "pulled over" numerous times mostly to check fishing licences, tackle, life jackets, etc and I've never had a negative encounter BUT I've seen plenty stoopid $chitt azz boaters doing plenty of stoopid $chitt azz things so I'm glad that law enforcement is out there....yes, thank you for your service!
Here's an interesting but truly sad case of a canoe BUI conviction in Ontario: https://nationalpost.com/news/in-a-case-that-made-canadian-legal-history-ontario-man-convicted-of-impaired-operation-of-a-canoe
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Byron ![]() 20+ year PCA member ![]() Many Cool Porsches, Projects& Parts, Vintage BMX bikes too |
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