Maltreatment By Homeland Security

[AirBoyzT]

Doesn't the fourth amendment apply here?

[Greenhand]

Originally Posted by AirBoyzT

Doesn't the fourth amendment apply here?

Kind of hard to apply anything if you can't figure out who it was!

[capngeo]

Originally Posted by AirBoyzT

Doesn't the fourth amendment apply here?

Not on a boat

[AirBoyzT]

Originally Posted by capngeo

Not on a boat

not according to the constitution....

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Effects being a boat, automobile, etc.

[s/vPainkiller]

Originally Posted by AirBoyzT

not according to the constitution....

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Effects being a boat, automobile, etc.

Try telling the USCG or CBP they don't have the authority to board your boat and let me know how it goes. They do, btw. Quoting the constitution doesn't help.

Scott

[DeepFrz]

Originally Posted by AirBoyzT
Doesn't the fourth amendment apply here?

Didn't Bush amend that?

[sailorboy1]

I figure about 6 more posts!

[AirBoyzT]

Originally Posted by DeepFrz

Didn't Bush amend that?

Bush and Obama did....Patriot Act and NDAA....such tyrants amongst us....

I think if someone boards your boat and doesn't identify themselves, especially when asked, carrying guns, you have a right to defend yourself with little to no repercussions....

I don't have a problem with the USCG boarding my vessel if respectful...I'm just saying, I've had police that were rude that wanted to search my truck, I told them get a warrant.....

[AirBoyzT]

Originally Posted by s/vPainkiller

Try telling the USCG or CBP they don't have the authority to board your boat and let me know how it goes. They do, btw. Quoting the constitution doesn't help.

Scott

but should it be that way? Should constitutional rights be violated? I'm playing devils advocate here...

[Greenhand]

Originally Posted by Don Lucas

I figure about 6 more posts!

Ok, there was one outright political comment, but it is important that people know what their actual rights are. The fourth amendment protects us from "unreasonable" searches, but we, as individuals don't get to define "unreasonable." As a society, we have agreed that probable cause = reasonable and we have pretty much agreed that vehicles of all kinds are subject to search, especially when approaching our borders.

As for being boarded moving away from our borders...I am trying to picture who would use a sailboat as a getaway vehicle, but maybe they would think it was inconspicuous?

[AirBoyzT]

Originally Posted by Greenhand

Ok, there was one outright political comment, but it is important that people know what their actual rights are. The fourth amendment protects us from "unreasonable" searches, but we, as individuals don't get to define "unreasonable." As a society, we have agreed that probable cause = reasonable and we have pretty much agreed that vehicles of all kinds are subject to search, especially when approaching our borders.

As for being boarded moving away from our borders...I am trying to picture who would use a sailboat as a getaway vehicle, but maybe they would think it was inconspicuous?

I guess they can consider the "coast" as a "border"....in my opinion though it is only covered if you are entering US Waters or entering a port......but who am I

[s/vPainkiller]

Originally Posted by AirBoyzT

but should it be that way? Should constitutional rights be violated? I'm playing devils advocate here...

I don't know that anyone really likes getting boarded. It's a fact of life and it's been that way for a long time. The Coast Guard's legal right to board your vessel with or without your permission has been there long before the Patriot Act. I'm not a historian, so I can't give you the dates, but preventing smuggling has long been part of their mission.

Frankly, I feel like you. If I'm stopped by law inforcement anywhere, I would expect them to be professional but courteous. Heck, I have enormous respect for the job our Coasties and CBP are doing. But they also need to remember that we're not all criminals trying to hide something.

Scott

[Astrid]

According the Congressional Act of August 4, 1790, 1 Stat. 145. Section 31:

"That it shall be lawful for all collectors, naval officers, surveyors, inspectors, and the officers of the revenue cutters herein after mentioned, to go on board of ships or vessels in any part of the United States, or within four leagues of the coast thereof, if bound to the United States, whether in or out of their respective districts, for the purposes of demanding the manifests aforesaid, and of examining and searching the said ships or vessels . . . ."

This statute is the ancestor of the current statutes which have been enacted to clarify and expand the rights and duties to such agencies as were not in existence in 1790 (i.e., DEA, Homeland Security, etc.

[AirBoyzT]

Originally Posted by Astrid

According the Congressional Act of August 4, 1790, 1 Stat. 145. Section 31:

"That it shall be lawful for all collectors, naval officers, surveyors, inspectors, and the officers of the revenue cutters herein after mentioned, to go on board of ships or vessels in any part of the United States, or within four leagues of the coast thereof, if bound to the United States, whether in or out of their respective districts, for the purposes of demanding the manifests aforesaid, and of examining and searching the said ships or vessels . . . ."

This statute is the ancestor of the current statutes which have been enacted to clarify and expand the rights and duties to such agencies as were not in existence in 1790 (i.e., DEA, Homeland Security, etc.

Thanks for the clarification....still don't think it's right lol.....but like I said, who am I

[Snore]

+1 for the distress call.. Seems prudent when unknown boarders are coming over the gunwale to activate the EPIRB and throw it over the side. Hell throwing it over the side and just saying you activated it may be worth the $800 to watch their faces!