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Old 21-05-2014, 10:28   #61
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Re: USCG Legal Search Question?

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Originally Posted by BandB View Post
SNIP

Most of all though it's the rescues at sea that take place. While it's not the same individuals, I do think when I see them that these are the guys who just rescued the sailboat off the coast and the other boat somewhere else and the other sailboat in the gulf.

SNIP.
I would be interested in seeing the absolute number of rescues at sea compared to the absolute number of other USCG actions. As a rule I monitor CH16 not only when moving but at anchor as well.

True I am in the Florida Keys, but the most common USCG action I hear is rescuing/interdicting Cubans crossing the Straights of Florida. Even more so than calling TowBoatUS to help out powerboats that have run out of gas or run aground.
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Old 21-05-2014, 11:14   #62
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Re: USCG Legal Search Question?

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Am I close in thinking that you left out a "Not" somewhere in your first sentence?
yes, too late to edit it now
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Old 21-05-2014, 12:13   #63
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Re: USCG Legal Search Question?

I have been boarded several times by the USCG, CBP and other US entities of Border Control. You have no rights to refuse their action to search but, if you invite and open your vessel, they will definitely take consideration of it. I only had once a problem with a CBP boat at the Gulf of Mexico hitting my boat. All other times - since I am a foreigner with a US flagged boat - I have invited them on board, showed them documentation, spots and everything and they were always very gentle, with exception of CBP San Diego. Some Asian guy meant I had to change my flagged boat outside USA as per Californian law and he meant, Texas was not the USA. But, I forgive his ignorance as Californian immigrant...
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Old 23-05-2014, 19:29   #64
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Re: USCG Legal Search Question?

I have found that when boarded, whether on a commercial vessel or a private yacht to simply have: all official documents readily available, have life jackets easily available, have flares easily available and be prepared to show them a LOCKED sewage overboard valve if in restricted discharge waters. Other that that, they have NEVER looked into, around or gone further that the mentioned items. If you are professional, courteous and complete they want to fill out their paperwork and be gone even faster than YOU want them gone.

The one thing I don't understand is when they ask for a state issued drivers license when offered a valid USCG license!!!???

The states have ramped up the interconnection between boating violations and DMV/RMV records. If you get a violation on a vessel it effects your drivers license (and vice versa)
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Old 23-05-2014, 20:30   #65
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Re: USCG Legal Search Question?

I have found the CG very professional. Even the MIB near the Canada border we encountered were quite reasonable. They only hailed us and asked a couple questions and disappeared on their 900 HP RIB. We run with class B AIS, wear life jackets and have a courtesy inspection sticker. If I see them visual, I hail them on 16 as the rules say, to arrange a passing. We have never been boarded. The Feds, CG and HS can do whatever they want according to Fed law.

The local leos need probable cause. In Ohio and East side of Michigan, Lake Erie, Ontario & St Lawrence I am told that local cops have been bank-rolled and equipped by the feds and they have been so officious that new state laws have been passed to prevent their use of excessive and repeated force & multiple boardings. You can refuse them, but they may then say that is probable cause. In a notable case, a power cruiser was stopped 5 times between Sandusky and Cleveland while running 5 miles or less off-shore. These guys are in it for the thrill and the money. Many are HS drop outs with GED & a gun. Most do not know the rules of the road and will make up anything as they go. At least the CG folks are pros.
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Old 06-06-2014, 21:32   #66
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Re: USCG Legal Search Question?

This is about fourth amendment rights. They should have no more intrusive authority at sea than on land when it comes to protection from unreasonable (too vague of a constitutional right) detention, search and seizure. The same thing has been happening to general aviation pilots and been brought to the attention of congress. The brakes are being out on there, with acknowledgement by HSCPB. Armed stops by agents of law abiding American citizens does not advance the cause of freedom, democracy or anything short of a police state. The same notoriety in the seafaring world can bring about the same result, correction. Feed the beast and the beast will eat you. These are fundamental checks and balances built into our constitution.
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Old 06-06-2014, 21:43   #67
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Re: USCG Legal Search Question?

What has happened to general aviation pilots? I fly so i am real curious

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Old 06-06-2014, 21:46   #68
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Re: USCG Legal Search Question?

I think "witch hunt" state is more accurate.

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Old 06-06-2014, 21:52   #69
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Re: USCG Legal Search Question?

Check out AOPA website for last year. Several hundred warrantless armed detentions and searches with few warranted results. Brought to the attention of congress and congressional hearing as a result, admission of overbearing and promises of future restraint on the part of HSCBP. Or General Aviation News. Same thing.
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Old 09-06-2014, 07:28   #70
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Re: USCG Legal Search Question?

Okay, call me thick, but what the heck is HSCBP? Or is it HSCPB? You wrote it both ways. In any case, I did a google search for each and the only thing I came up with was some sort of chemical. So, in the end, I have no idea what you are talking about.
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Old 09-06-2014, 07:48   #71
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Re: USCG Legal Search Question?

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Okay, call me thick, but what the heck is HSCBP? Or is it HSCPB? You wrote it both ways. In any case, I did a google search for each and the only thing I came up with was some sort of chemical. So, in the end, I have no idea what you are talking about.

Homeland security customs and border protection
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Old 09-06-2014, 07:56   #72
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Re: USCG Legal Search Question?

Sorry, the second time must have been a thumb slip. HSCPB: homeland security customs border patrol. All branches have been reallocated under homeland security in the federal hierarchy. This is how they refer to themselves currently. There is a definite crossover between aviation and nautical issues of warrant less searches, etc. except in cases of ports of entry, the authorization is not there.further, for those who say "I have nothing to hide, so I don't mind if they board and search" I would refer them to the Ben Franklin quote below the one posters notes. Warrant less searches, phone taps, & over reaching of invasions of privacy are all surrenders of essential constitutional rights in my view. The patriot act was one of the greatest violations of the constitution ever orchestrated and continues in all it's many forms. I don't have anything to hide, but you are not free to enter my home, violate my privacy or find ways to enforce your views upon me a free person who has demonstrated no threat to the public good, without specific cause.
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Old 09-06-2014, 08:09   #73
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USCG Legal Search Question?

Too late that horse has not only bolted, its in another state by now !

All put in place in the name of a " frightened " people or foolish advocates of " freedoms

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Old 09-06-2014, 08:35   #74
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Re: USCG Legal Search Question?

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Homeland security customs and border protection
Thank you. I'm surprised that didn't come up right near the top on a google search.
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Old 09-06-2014, 15:18   #75
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Re: USCG Legal Search Question?

It's been law since around 1790, for good reason. Homeland Security is the newcomer, not the law.

You're not going to find much traction now. You were born way too late to impact this issue.
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