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Old 11-07-2016, 11:10   #76
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Re: To board or not to board, that is the question

[QUOTE=Cadence;2163266]
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Originally Posted by Dave22q View Post

? Have you had them board you under the home situation.
Personally no. My only boarding in the US I recall was by CBP when I was coming home one evening from dinner with 6-7 friends from a restaurant on the ICW in south FL. The boat was a 25' powerboat and I lived on land at the time. Even if that wasn't my home at the time I was obeying the no wake speed limit, was properly lighted, displayed proper registration, violating no laws. Still we were spotlighted, ordered to stop and prepare to be boarded, ordered to remain still, keep our hands in sight, make no sudden moves and searched by a team of 5-6 agents who covered us with assault rifles with large magazines, probably with full auto capability, all wearing black clothes, bulletproof vests and black soled boots that marked up my boat.

So a land side analogy; you're on the way home from dinner with several friends in your car, you are totally legal, breaking no laws but pulled over and searched by a similar group of heavily armed agents. Like the idea?

I do have several friends that have been boarded by the CG and a few years ago I recall a thread on this forum reporting sweeps and late night boardings in marinas in north FL. Just read this and other threads and you will see numerous first hand reports from members that have been boarded by the CG for "safety checks". Many of these are liveaboards. It is also common for boats to be boarded in some areas for toilet checks. One county on the FL east coast is famous for it. Again with no probably cause, no warrant, just an armed officer boarding your boat because he feels like it to verify you comply with holding tank laws. Think it would be OK for the local police to enter your home to inspect your toilet to make sure you aren't leaking sewage into the ground?

I don't know how you can even question this. It happens and is reported frequently on this forum, other forums, boating mags and talked about among cruisers. Boardings are a well known fact, not a myth, rumor or urban legend. Even if I am never boarded it is clearly a fact that it could happen and I resent that intrusion on my rights.
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Old 11-07-2016, 11:48   #77
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Re: To board or not to board, that is the question

Thanks ya'll and interesting stories to be sure.. But my question had more to do with how often, if you told them no you didn't have the time, did they just wish you a good day and go on their way?? flk k
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Old 11-07-2016, 13:10   #78
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Re: To board or not to board, that is the question

I would guess coming from a restaurant with a group of people it was only a sobriety check.

People seem to run under docks at times after a few to many at dinner.
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Old 11-07-2016, 14:37   #79
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Re: To board or not to board, that is the question

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I have no 'bitch' about what I suspect are imaginary problems. The USCG has no pattern of conducting inspections of docked boats and night stops are generally not safety inspections but suspicion of drug trafficing. An armed posse raiding your home in the middle of the night sounds bad especially if you are dealing or banking for a dealer but that is not a problem of living aboard. I challange my fellow cruisers to cite some examples to prove me wrong.
USCG boardings are far from imaginary. What do you think this whole thread is about. The policy and actions are well documented. Just look as the half dozen or so previous threads on this subject and the first hand reports from forum members on their experiences. It is absolutely a problem for live aboard cruisers.

These people are not criminals but cruisers. The huge majority of USCG boardings find no drugs or any other crimes. I was boarded at night with no probably cause, for no reason other than I happened to be where the CBP was patrolling that night. I have a number of friends that were boarded, day and night. Look at the video of the Seawolf that was boarded at 4:15 am and guess what, no drugs found. Innocent cruisers subjected to a warrantless, random search because they were in the wrong place.
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Old 11-07-2016, 14:40   #80
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Re: To board or not to board, that is the question

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It is absolutely a problem for live aboard cruisers.
It always seems that it is a problem for SOME cruisers. It always has seemed to me to either be something they are doing or the authorities in their main area to result in the multiple stops SOME experience.
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Old 11-07-2016, 15:47   #81
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Re: To board or not to board, that is the question

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Here's my problem. I have several times been a full time liveaboard, for a couple of years with a wife and daughter. At those times the boat was our home, our only home.

So would you have a problem if some law enforcement agency had the right to come to your personal home on land with a team of armed agents, at any time of the day or night, without a warrant, without probable cause, without your permission, to enter and search your home or do a "safety inspection"? I'm pretty sure you would have a bitch with that. snip...
It's already here. NDAA. https://belligerentact.org/
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Old 28-07-2016, 11:56   #82
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Re: To board or not to board, that is the question

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Hi Livaboard,

It sounds like a bit of professional courtesy [even though you were only an engineer...] <I'm grinning...>

On our page for setting expectations for our guests, we have an entry regarding this topic that others may also find informative:



Cheers!

Bill
The 0415 local boarding account raises a question: Does the "right" to board and search vessels at will apply to the persons on board? I.e. seeing they swabbed the individuals for drug/explosives residue, is that a permitted facet of said searches? Are even more invasive searches (e.g. body cavity checks, drawing blood to establish illegal serum content, etc.) permitted also without probable cause? It would make sense that, having found sound reason to suspect an individual during a boarding inspection to step it up. I'm not talking about that situation, just one where the boarding party's MFWIC decides you're not his/her favorite person for whatever reason and decides to make your day really special.

For background, in my other life as an airline pilot I've been subjected to such upon return to the U.S. after complaining about the lack of professionalism and hygiene displayed by CBP personnel. This, while 'explaining' to me that the Fourth Amendment doesn't apply to them or the citizens subjected to their warrantless and suspicionless attentions.

I'm a realist - as said above, the folks with the superior force will always get what they demand in the moment. However, IMHO Americans better wake up and smell the coffee or just give up and become complicit members of the proletariat. Supreme Court decisions are driven far more by popular demand and the political swing direction of the individual justices than one would think. If enough Americans got on the bandwagon and made as much (legal) noise on this topic as possible, it would change. Until then - and I reckon it'll be a real cold day in a real hot place first - we'll just have to deal with it.

JK
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Old 28-07-2016, 12:50   #83
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Re: To board or not to board, that is the question

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The 0415 local boarding account raises a question: Does the "right" to board and search vessels at will apply to the persons on board?
I bet with the Patriot Act no one really knows anymore.
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