Coast Guard/DEA boardings

[cruisersfarm]

And to make all of this more confusing, there are several countries the US has agreements with that explicitly allow US forces, including the coast guard, to operate in their waters on inspection and LE missions.

[Rustic Charm]

Originally Posted by Dsanduril

Can't give you legislative proof, because legislation doesn't say it in so many words. But, case law, up through the Supreme Court, does. A little snippet below, but investigate United States v. Flores 289 U.S. 137 (1933):

There's lots of discussion in that case about the commission of piracy and felonies, as defined under US law, while on a US vessel in foreign sovereign waters.

In this particular case the question was of a murder, committed aboard a US flagged vessel 250 miles upriver (pretty close to your inland Chinese lake) from the sea:

Thank you Dsanduril, you were able to provide what Boatswain couldnt.

From reading through this rather labourish case, the U.S does claim jurisdiction to trial serious crimes committed on certain vessels in soverign lands. But, it's not as black and white as some on here think. Ive parsed out the following.

A 'lake' seems to be discounted as there was lots of talk about the vessel being connected to international waters and being able to return to international waters.

Lots of emphasising of 'merchant' vessels.

Local authorities must not have first acted upon the crime first.

A number of countries have apparently confirmed their willingness ( Britain, Belgium named) for the U.S to deal with crimes on their own merchant vessels.

Lots of emphasis that no U.S ability to over rule local jurisdiction.

And the last point which i thought most relevant.

Nothing in the judgement about the origional claim in this thread that the U.S.C.G can board and check a U.S flagged vessel in any other country. "nothing"!

[SURV69]

I know that the Coast Guard is armed, but are their ships considered non-military, in some way ... in a way that helps "smooth" the way for other countries to give our Coast Guard more access than a typical military ship would have?

[FSMike]

Originally Posted by Rustic Charm

-----
Nothing in the judgement about the origional claim in this thread that the U.S.C.G can board and check a U.S flagged vessel in any other country. "nothing"!

Rustic Charm -

As was previously mentioned there is no specific section of the USC (United States Code) addressing this.

The authority on this subject comes through a series of court decisions made interpreting the Commerce Clause of the United States Constitution.

Happy reading lol. Cause I ain't gonna do it for you.

[Tingum]

In almost 40 years as a professional skipper who has chosen to primarily run yachts I have been boarded more time than I can count. I have never had an unpleasant or unprofessional boarding. I have experienced very green crews whom we had had to assist but never had a bad experience. The interesting thing is when we have been called on the radio they ask for the captain by name, then ask if so in so , naming usual crew, is aboard. Very detailed data base. Often when heading off shore if I see a CG cutter I will hail them and give them our route and destination. Interesting how different your treatment is when they know who you are and where you are going.

[Boatswain2PA]

Yup. Not being an a$$hole can get you a long way. It is a lesson that many people just don't get. Just look at this discussion.....

[Rustic Charm]

Originally Posted by FSMike

Rustic Charm -

As was previously mentioned there is no specific section of the USC (United States Code) addressing this.

The authority on this subject comes through a series of court decisions made interpreting the Commerce Clause of the United States Constitution.

Happy reading lol. Cause I ain't gonna do it for you.

You yanks are funny i can now comprehend why 15% of Americans surveyed were unable to find the United States on a map

[Rustic Charm]

Originally Posted by Boatswain2PA

Yup. Not being an a$$hole can get you a long way. It is a lesson that many people just don't get. Just look at this discussion.....

You are bordering on being quite arrogant. You do not need to be insulting to people just because someone disagrees or asks you to provide evidence of something you put forward.

[Factor]

Originally Posted by Rustic Charm

You yanks are funny i can now comprehend why 15% of Americans surveyed were unable to find the United States on a map

My Favourite was "what month did 9/11 occur in?"

https://www.youtube.com/watch?v=Ll2bGfoio9M

[barboak]

I think I got more real practical information from Boatswain on CG boardings than I've had from many years of cruising. Of course he then subjected himself to a barrage of petty arguments from one or two people, pretty typical of this forum!


Sent from my iPad using Cruisers Sailing Forum

[SURV69]

agree ....

[SofiaB]

Originally Posted by Rustic Charm

You yanks are funny i can now comprehend why 15% of Americans surveyed were unable to find the United States on a map

Difficult for most sailors since we have no maps on board.

[Garrettw]

Originally Posted by Rustic Charm

You are bordering on being quite arrogant. You do not need to be insulting to people just because someone disagrees or asks you to provide evidence of something you put forward.

As an observer of this thread I would submit the opposite is occurring with much of the arrogance and vitriol coming from you in particular. At the very least, you appear to not handle being at the wrong end of an argument particularly well. Maybe it's time to let the topic evolve on?

[Rustic Charm]

Originally Posted by Garrettw

As an observer of this thread I would submit the opposite is occurring with much of the arrogance and vitriol coming from you in particular. At the very least, you appear to not handle being at the wrong end of an argument particularly well. Maybe it's time to let the topic evolve on?

What 'arrogance' and what 'vitriol' came from me? Seriously what?

I didn't call him names did I? And yet he twice reverted to snide remarks and name calling.

From everything i can find, your US coast guard cannot simply board any U.S flagged vessel in any other country it so chooses : i'm happy to be shown otherwise, more than happy. But don't expect me to believe 'because i say so response'. Everyone who participates in cruising forum discussion deserves a little more of an answer than 'believe what you want' or 'because i said so'.

[denverd0n]

Originally Posted by Boatswain2PA

Yup. Not being an a$$hole can get you a long way. It is a lesson that many people just don't get.

Very true. And quite amusing to me to see people instantly recognize themselves in the above comment, and then go on to insist that they have never done anything like that.