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Old 16-03-2009, 09:56   #61
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Originally Posted by Brent Swain View Post
Harrassment of people on boats is very related to cruising and a growing threat to boaters, the freedom of the boating lifestyle, and boating related industries. It is a thin line, and balancing act, between the gangsters and goons taking away our freedom, and big brother being given the power to do the same thing.
The word 'harassment' is a very subjective word.. the very act of having the USCG stop you and ask to see your life jacksets could be deemed 'harassment', while others see it as doing thier job making us comply with the letter of the law.

Liveaboards who work, are hard to catch aboard sometimes...so the local LEO's in the Keys tend to do that at night. They check for all the saftey violations, such as illegal open thru hulls (the keys are a marine sancutary, no discharge even with a type I msd) and like the good leo's they are..they do a back warrent search. I don't have a problem with that..
I do admit to disliking be woke up at 2 am to be made to sit in the cockpit freezing..

Quote:
Is this what motivates water cops to violate the law, as in the charter of rights. Some incentive! Some accountability.
Brent
CAn you please tell me what laws they violate? what ''charter of rights''?
That is a very ambigious statement with no supporting documents to back it up..

Let me point this out to you...
Hypothetically IN the keys or the US coastline.. Both ICE and Customs can board you at will and check for 'violations'..they base thier boarding on Title 19. I discussed this with a lawyer in DC who works for Customs .. right after the initial incident in Charleston.

Next HS can board under the Patriot Act.. with the USCG (if documented)
or the State Marine Patrol (if state registered).

Then there are the various Maritime Law boarding laws. To argue this issue, which is terribly convoluted, one needs to argue from the position of being able to cite the exact statute or at least the title of the law that one is basing one's arguements upon.

IF you don't like being boarded.. do as I did.. complain, in writing.. then send a letter to the local cops, a copy to the local leglistors.. if you are in Fla southwinds sailing would love a copy, local newspaper. .and so on.. one letter gets ignored. An avalache of letters gets coverage and a state leglistator taking notice..

In any case.. fair winds to all...
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Old 16-03-2009, 10:23   #62
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bella, when in doubt use the same answer that is used at West Point when an upperclassman asks a newbie if they are a virgin:

"Sir, yes Sir. In my left ear, Sir!"

Dissembling is still an answer.

Does anyone know the equivalent dialog from Annapolis? Surely there is one?

The Florida Statutes are online--their search engine just tends to be a bit weak though. Remember, vagrancy used to be a common criminal charge in the US, until the US Supreme Court threw that out (1960s?) and said it wasn't a crime not to have money.
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Old 16-03-2009, 10:50   #63
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The Florida Statutes are online--their search engine just tends to be a bit weak though. Remember, vagrancy used to be a common criminal charge in the US, until the US Supreme Court threw that out (1960s?) and said it wasn't a crime not to have money.
I am well aware the Fla Statutes are online... and in fact have access to West Law and a lawyer.. that is NOT my point... why should I do someone's research for them.. again... cite the exact statute that gives a LEO this right or acknowledge that it is an out of hand statement..

OR as they say in the ARMY.. I CALL BS! (only they say the whole word)
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Old 21-03-2009, 10:56   #64
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... why should I do someone's research for them ...
Because you can, and you’re a knowledgeable, helpful, contributor; not an ignorant, unhelpful, argumentative, obstructionist ?
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Old 30-03-2009, 08:05   #65
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For many years, I ranted & raved about Govt reps breaking the law thru violating the Constitution. One day, I realized that the Constitution simply no longer applies. "They" give it lip service, but if you look at the government you live under and look at the Constitution, you will see they are only distantly related. I view the US, state, and local govts as occupying my country and act accordingly. Keep your head down and grovel when they shine a light on you. What with the wars on drugs and terrorism, we have, in truth, few rights left.

Once they have you in their sights all you can do is grovel - yes sir, no sir, not today sir. It is a crying shame. This was once the greatest nation in history.

With the recent collapse of our economy, things will only get worse. If you can - now's a good time to go on an extended cruise. If you can't - keep your head down & your powder dry.




On a more positive note, boat invasions, like the one you experienced, have actually declined in more recent years. I'm a bit foggy on this, but I guess it was in the 80's, they would practically saw your boat in half looking for drugs and then, when they found none, simply walk away with nothing but a "you're free to go." It stopped when they turned a boat into fiberglass swiss cheese that was being delivered for some Senator.
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Old 05-04-2009, 17:32   #66
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Water cops

In Canada the charter of rights forbids police or coastguard from comming into the living quarters of our boats without a search warrant. If you are in an anchorage and they try to get your attention , you are under absolutley no legal obligation to open the hatch. If you open it , then close it again ,it can be considered obstruction of justice , so don't open it in the first place.
If they force their way in without a search warant ,then their personal bank accounts ,wages, possesions and pensions , etc can all be gone after with liens and garnishee orders in civil court, for violation of ones charter rights.
So far the Canadian Charter of rights is basically intact, but it is constantly under attack.
Promoting apathy and lack of resistance to bullies is to empower them , and to aid and abet bullying.
Brent
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