The ninth circuit court of appeals has ruled that "night-time" boardings of vessels for routine safety
checks constitutes "unreasonable" seach.
I quote the ninth circuit's findings:
"If the stop of an automobile upon a public highway by an iden- tifiable police car is felt to create such subjective intrusion as to require the use of potentially less intrusive alternatives, surely the stop of an isolated boat after dark, followed by a physical intrusion upon the boat itself, would have an unset- tling effect immeasurably greater, placing a far greater demand upon government
to come forward with balancing factors.
If the purpose of the random stop is to ascertain and dis- courage noncompliance with safety regulations
, we see no rea- son why this purpose cannot suflticiently be accomplished dur- ing the daylight hours. Thus, reliance on this less intrusive means eliminates the need for stops and boardings after dark where no cause to suspect noncompliance exists.g"
This ruling overturned a conviction of a marijuana smuggling case because the CG boarded the vessel after dark in SF bay
for a "routine boarding.
The boarding you describe was definitely NOT USCG
This is a quote from USCG regs re: conduct related to boardings:
"The purpose of boarding is the enforcement of boating
safety laws. Sound discretion should be used to insure that ves- sels in legitimate trade
, and those engaged in recreational pur- suits are not unnecessarily hampered in theirmovements or subject to unnecessary annoyance and interference
by unrea- sonable exercise of authority.
It is not possible to set forth hard and fast rules as to when and where to examine vessels. It is important that Coast Guard enforcement operations should be conducted in such a fashion that just cause for complaint is not given."
I have a close friend who is a DEA agent who conducts maritime operations/boardings/etc. I asked him if they conduct boardings in this manner.
He assured me that the FIRST thing they do is identify themselves as federal drug enforcement agents.
This is most likely a DHS operation. DHS is becoming progressively dispotic in their conduct. A quick look at TSA and their disregard for the bill of rights and more specifically the 4th Amendment will tell you all you need to know.
US citizens are being conditioned to obey DHS without question. DHS is setting precedent which will enable them to circumvent the Bill of Rights completely at some later date due to court rulings based on precedents established in the name of "National Security" and inacted in the manner described in your report and justified in lower courts based on the protection of the homeland.
It's about control. Set the precedent, get a lower court to uphold the ruling, the get a fed court to uphold the ruling.
To do this they need minor cases that do not draw public attention.
Your boarding was a conditioning/prcedent boarding.
You complied because you felt you had no choice. This is cohersion.
You played your role in their game
. It only gets worse from here. What do you think they would have done if you had weapons on board as the senond amendment allows? You were not allowed to contact USCG. Does this seem lawful?
If a cop enters your home do you not think he would allow you to call 911 to confirm his legitimacy?
This is DHS establishing authority above the constituiton. Check the definitions of "legal" and "lawful".
What they did is legal
due to executive orders issued by the president and "acts" established by congress. It is not lawful under the US Constitution which one of our recent presidents said was "just a piece of paper".
It only goes downhill from here unless US Citizens realise that the true power lies with us and this needs to be stopped. US citizens are being conditioned to feel powerless in the presence of government
Do you think John Adams
would have complied? Would Franklin? Jefferson?
What would Patrick Henry do?
All it takes for evil to succeed is for good men
to do nothing.
When is enough enough?