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Old 06-02-2009, 05:54   #46
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Boater's rights are apolitical.
There are no issues of Civil Rights here. A clean cut white boy is not a protected class in any interpretation of the Civil Rights act. There are no "boaters rights". You have all the rights you have and you don't get any more because you travel around in a boat. You don't have any less either. Any boat can be stopped and searched just because they want to and that is the law. That topic has been around here a lot. It usually degrades worse than this thread has.

A bunch of local deputies needed to spend some Homeland Security drug enforcement money. Any state or local unit of government along the coast can get Homeland Security money for lots of stuff. It's not about how much drugs they find. It's how much they try.

All the time and resources are a write off for local tax payers. A bunch of local cops just got paid with federal dollars not local tax payer dollars. The sheriff is happy to have the money at a time when he probably does not have as much as they used to have.

They didn't find any drugs and I'm sure they were very glad they didn't as it would have made for expenses that might not have been funded on the Dept of Homeland Security. Throwing someone in jail does cost local tax payer dollars. They made more money than the whole bunch could have made writing traffic tickets to local residents all day.

If there is a solution to this mess it's only political. It's not about party affiliation. It's not about being fair - it's all about the money. It's about funding a sheriff's department for an afternoon.
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Old 06-02-2009, 05:54   #47
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A lot of justified anger here, but nothing that is going to change anything. The anger needs to go to the right people and become part of a real record. Aqua you need to write-up the whole thing and send to someone who is "suppose" to care. I suggest your senator and congressman (they do read it), the local sherrif etc that was involved in your search, the city mayors office, the local touristim office (how many of us now are thinking to aviod Charleston) etc. Nothing is going to be done except maybe a sorry, but if we all get on the record maybe over time something will get done. Right now all we really have to the minds of the officials is an undocumented compliant that is so rare that it gets lost as just a another of many they probably deal with.
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Old 06-02-2009, 05:58   #48
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Old 06-02-2009, 06:02   #49
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Living aboard in Charleston I have never heard of this and am terribly sorry. I work as a medic here in charleston and I will be the first to tell you many of the county officers have very little sense. Please do take the time to send a letter to the County here as this is unacceptable and we as liveaboards love to meet everyone traveling through. It is a beautiful city with great people. I think county only has one patrol boat and the rest are city of Charleston and DNR. I'd love to see that fight every morning for who gets the boat today! SC is not known for being the brightest... no offense to anyone.
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Old 06-02-2009, 06:12   #50
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IMHO this comment is out of line. In your opinion, discussing the rights of boaters is political?
Tropic, IMHO Paul was responding to an earlier comment from some clown who was blaming all he felt was wrong with America on our newly elected President Obama. Paul's comment had nothing to do with boater's rights. Also IMHO, I believe you should fully read the entire posting before criticizing an Admin. This is a non-political forum, and this incident is most certainly worth discussing.
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Old 06-02-2009, 07:44   #51
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I believe you should fully read the entire posting before criticizing an Admin. This is a non-political forum, and this incident is most certainly worth discussing.
A post like this one illustrates a synergistic point. Everyone in America is entitled to an opinion. Even if he's wrong .
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Old 06-02-2009, 07:55   #52
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They wouldn't have wasted their time or yours without some good reason.
Isn't the foregoing somewhat akin to a rape victim being blamed for the rape?
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Old 06-02-2009, 08:02   #53
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There are no "boaters rights". You have all the rights you have and you don't get any more because you travel around in a boat.
There are Constitutionally guaranteed rights. Boaters should expect no less. Those of us who are old enough, understand that we seem to have less of these now than we used to. I'm of course referring to "Unreasonable search and seizure" as there was admittedly zero probable cause.

This is the underlying point of the unfortunate incident related and the original post and is completely apolitical.
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Old 06-02-2009, 08:05   #54
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Christian, perhaps Paul is correct, since you have now decided to resort to name calling, this thread should be closed. I have reread the entire thread and no one has blamed anything on President Obama. Twisty commented that perhaps President Obama would change things with regards to national security (the excuse offered Aquaholic for this incident). I simply pointed out that President Obama has a specific civil rights agenda, which anyone can read at whitehouse.gov, and boaters are not included (not that I would expect them to be specifically listed). In fact, he has a specific agenda item to make the borders even more secure, thus I would not expect any help from his administration in avoiding such unfortunate events in the future.

While I disagree with Paul about there not being any civil rights issues here, he is correct in stating that it currently is the law that boaters have no 4th amendment rights. Since this is a non-political forum, I'm sure that starting a movement to get the law changed in this forum would be a non-starter with the owners.
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Old 06-02-2009, 08:21   #55
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Poor Obama is being asked to to save us from all the evils in this country. He can not do it alone, we as individuals must take a step to to help. Email your elected representatives in both state and federal and voice an opinion. Thanks for so many years of 9/11 fear by the government, even the county mounties are bracing up without cause.
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Old 06-02-2009, 08:23   #56
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It seems as though your rights were violated. Here is a small article from an Admiralty attorney that explains it best.

Hot Boating Tip

It seems to say that local law enforcement does not have the same right as the Coast Guard. The article is not dated so I don't know the effect of the Homeland Security act on this article.
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Old 06-02-2009, 08:32   #57
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Paul was referring to The United States v. Villamonte-Marquez,\74\ 1984 . I was unaware of the ruling and just looked it up.

This was where the Court upheld a random stop and boarding of a 40' vessel by customs agents, lacking any suspicion of wrongdoing, for purpose of inspecting documentation. The boarding turned into a drug smuggling bust.

We learn from the original poster that this ruling has been expanded to include vessel searches by police and dogs? Paul, even you have to admit this is completely unjustified.

This ruling did not cancel our rights, although the Patriot Act might have. I haven't read it but then again neither did Congress before they passed it.

I agree with the previous posts. Laws are only changed when the people speak.Well people...Speak!!
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Old 06-02-2009, 09:05   #58
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We need some type of poll or thread from members from all countries, since we are international, outlining the general attitude of marine law enforcement around the world toward boaters and cruisers in their waters. Is this possible?
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Old 06-02-2009, 09:09   #59
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Quote:
Originally Posted by Tropic Cat View Post
Paul was referring to The United States v. Villamonte-Marquez,\74\ 1984 . I was unaware of the ruling and just looked it up.

This was where the Court upheld a random stop and boarding of a 40' vessel by customs agents, lacking any suspicion of wrongdoing, for purpose of inspecting documentation. The boarding turned into a drug smuggling bust.

We learn from the original poster that this ruling has been expanded to include vessel searches by police and dogs? Paul, even you have to admit this is completely unjustified.

This ruling did not cancel our rights, although the Patriot Act might have. I haven't read it but then again neither did Congress before they passed it.

I agree with the previous posts. Laws are only changed when the people speak.Well people...Speak!!
After reading the link from this post it seems like my understanding of the law was correct. It seems to me that this article was written prior to the Patriot Act. I don't know that for sure but infur it from the question of border patrol. I tried to link his website but that didn't work. I am going to send him a letter by snail mail and see if I get a response.
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Old 06-02-2009, 09:09   #60
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once they are on your boat its over, they can pull up to you and ask for information but you can decide to not let them board. if you do they can than ask you to dock and wait for papers ect but they dont normaly do that. I always ask them ( if i have to), to eack of there question. ie can we inspect your boat = do i have to let you? and always get there names and badge numbers of all that board. i would deffinately goto the person who was in charges office and file a complaint and damages report. being that they made you goto a slip that was not the correct size and your boat could have been damaged by looking at pic you took i would ad a hall out becuse you need to make sure the keel was not damaged, also if your rub rail was damaged , and any destroyed items inside also a cleaning cost if the messed up the top side. also ad cost of being stuck there. dont be nice.
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