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Old 01-02-2013, 06:33   #1
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Coast Guard Boardings ...

The author does a good job of explaining things, whether or not you agree with his op-ed.

Coast Guard Boardings and Your Fourth Amendment Rights, Part 1 | Sail Feed
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Old 01-02-2013, 06:40   #2
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pirate Re: Coast Guard Boardings ...

Quote:
Originally Posted by sneuman View Post
The author does a good job of explaining things, whether or not you agree with his op-ed.

Coast Guard Boardings and Your Fourth Amendment Rights, Part 1 | Sail Feed
Ahhhh... but...
Do they apply on the day..
or after a lengthy litigation...
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Old 01-02-2013, 06:44   #3
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Re: Coast Guard Boardings ...

One one hand, I think that is complete BS that they can just kick in your door at a marina and come in fully armed and Unannounced.
I feel bad for those boat owners with large dogs that may end up shot for doing their job. Pretty F%$^#ed up for living in the US.

On the other hand is it really any different in any other country?
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Old 01-02-2013, 06:48   #4
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Re: Coast Guard Boardings ...

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Ahhhh... but...
Do they apply on the day..
or after a lengthy litigation...
Ahhh. Read the article.
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Old 01-02-2013, 06:52   #5
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Re: Coast Guard Boardings ...

It just seems weird that the CG ability to do these boardings/searches has remained given all the land based laws.

But the thing that bugs me more is that all other police type groups seem to believe they also have the right to board a boat! And it isn't clear if they really have this authority or not. Leaving you in the position of "don't ague with people with assault weapons".

I had looked forward to Boat US article giving some guidelines, but this was a waste of reading.
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Old 01-02-2013, 07:39   #6
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Re: Coast Guard Boardings ...

I thought it was a very informative article, especially for those wondering why the Coast Guard can board you, agree or not. Personally, I think the congress needs to change the laws so that the Coast Guard has to conform to the 4th Amendment.
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Old 01-02-2013, 08:57   #7
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Re: Coast Guard Boardings ...

I get it, the USCG has the right to board my boat at anytime, with no reason.

The important question that we need answered is "Can the US Customs and Border Patrol, the local Sheriff's deputy, the Fish and Wildlife patrolman, the DEA marine patrolman, the ICE marine patrolman, or any other marine police officer board my boat without probable cause? (I think I know the answer, no they can't, but they would just handcuff me until the Coast Guard arrived and let them rip the boat to shreds)
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Old 01-02-2013, 09:50   #8
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Re: Coast Guard Boardings ...

Quote:
Originally Posted by Don Lucas View Post
It just seems weird that the CG ability to do these boardings/searches has remained given all the land based laws.

But the thing that bugs me more is that all other police type groups seem to believe they also have the right to board a boat! And it isn't clear if they really have this authority or not. Leaving you in the position of "don't ague with people with assault weapons".

I had looked forward to Boat US article giving some guidelines, but this was a waste of reading.
In the States,the Coast Guard and Homeland Security are the only authorities that are allowed to board your vessel without your permission or probable cause or a warrant.
I live in South Florida, and on more than 1 occasion, I have denied permission 2 local law enforcement, including Florida Marine Patrol and Broward Sheriff's, when they asked to board my boat. once, a local LEO implied that I was going to go to jail if I did not let him board . I told him to cite the statute that gave him the authority to board a vessel without probable cause or a warrant, then I would allow him to board. Otherwise I was willing go to jail. 20 minutes later, I was
on my way... home.
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Old 01-02-2013, 10:02   #9
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Re: Coast Guard Boardings ...

Not that it really matters when only one party has all the weapons, but the way I read that article, us foreign flagged vessels operating in international water are outside of the USCG jurisdiction. Whether or not that stops them from boarding anyway is likely up to the whim of the CG captain.
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Old 01-02-2013, 10:06   #10
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Quote:
Originally Posted by Dulcesuenos View Post
One one hand, I think that is complete BS that they can just kick in your door at a marina and come in fully armed and Unannounced.
I feel bad for those boat owners with large dogs that may end up shot for doing their job. Pretty F%$^#ed up for living in the US.

On the other hand is it really any different in any other country?
The major difference that I see only "America the Free" polices it's citizens outside its own borders!
I have been boarded while hundreds of miles away and they took my 25mm to 12 gauge adapter. Stated it could make my flare pistol into a shotgun and I haven't declared a weapon! Anyone stupid enough to Laos a shell into a aluminum breech is asking for it - not to mention I had no shotgun shells!
I showed them the aluminum piece was available in a west marine catalog and yet still took it! Not only did that deprive me of the ability to use my cheap flares first if needed - but it fits the definition of piracy!
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Old 01-02-2013, 10:21   #11
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Re: Coast Guard Boardings ...

Quote:
Originally Posted by Dulcesuenos View Post
One one hand, I think that is complete BS that they can just kick in your door at a marina and come in fully armed and Unannounced.
I feel bad for those boat owners with large dogs that may end up shot for doing their job. Pretty F%$^#ed up for living in the US.

On the other hand is it really any different in any other country?
Yes .

and it's cheaper too

but requires folks to actually accept responsibility for themselves .

Cultural differences I guess .
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Old 01-02-2013, 10:43   #12
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Re: Coast Guard Boardings ...

when i first moved on board my first ever owned by me boat, i was advised by the legal eagle cruising class of 1990 that as a live aboard we have given up our 4th amendment rights. is truth. there are 3 others we are not protected from , as well...look it up--we who live aboard in usa suffer overlapping legal jurisdictions, local and maritime.
maritime and patriot act, nowadays, preclude any alleged rights remaining under usa constitutional law.
enjoy your tenure living aboard--just remember--we have no rights, and all is good.
we CHOOSE to live this way and we CHOOSE to have mobility, therefore we have adjustments we need to make as a result of our choices.
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Old 01-02-2013, 11:36   #13
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Re: Coast Guard Boardings ...

One thing that surprises is me as the USCG can and will board any vessel they please , no matter what flag its flying & no matter how far from US shores it may be !!
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Old 01-02-2013, 11:45   #14
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Re: Coast Guard Boardings ...

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Originally Posted by Ram View Post
One thing that surprises is me as the USCG can and will board any vessel they please , no matter what flag its flying & no matter how far from US shores it may be !!
Well, not exactly.

The United States has basically bullied most of the Caribbean nations into agreeing to let the USCG do that. And even some South American countries have such agreements, on the pretense that it's necessary for the "War on Drugs." That's how they get away with it in this half of the world.

But if, for instance, the USCG forced a Chinese flagged boat, carrying Chinese citizens, sailing in Chinese waters, to stop and submit to a search, it would result in a VERY serious international incident.
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Old 01-02-2013, 12:03   #15
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Re: Coast Guard Boardings ...

over the years, regarding all my encounters with law enforcement on the water, I have found the Coast Guard to be the most professional and courteous.
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