Coast Guard Boardings ...

[skipmac]

Originally Posted by jeremiason

Everyone always slams the USCG for boardings when they are just doing one of the things they are supose to be doing for our safety and security. Does nayone think that the bad guys mark their boats in some way so it is easier for the USCG to find them? Pleasure Craft are seized frequently for anything from drug running to slavery.

One could also ask if the bad guys mark their house on land in some way to make it easier for a land based LEO to find them? Private homes are raided frequently for anything from drugs, illegal weapons and even terrorist activities.

So would you think LEOs are supposed to enter private homes with no warrant, no probable cause just in case the resident might be up to an illegal act?

I don't slam the Coast Guard for doing their job, I do slam the law that allows or even requires them to board a vessel without warrant or cause. I have spent years where a boat was my home, at times my only home. I do not see why I have fewer rights or less protection under the constitution because my home is floating.

Originally Posted by jeremiason

As far as boardings go... The USCG can board any US Flagged Vessel traveling in foreign waters and any other vessels if the US has a Treaty with the Country controlling those waters or in some cases a Treaty with the Country holding the Flag of the vessel regardless of loction.

That is my understanding in general although I do believe that this right to board stops at the territorial waters of another country.

Originally Posted by jeremiason

My advice is before you tell a cop to pound salt and get off your boat... You should reserch the laws in your area, otherwise you may end up getting arrested or ticketed.

Very sound advise. Argue with the authorities at your peril. Generally the more you resist the more force they will bring to bear and this is a contest they will always win. If you feel like your rights have been violated the only sensible course is to document the details and pursue legal redress at a later time.

[skipmac]

Originally Posted by Morgan3820

So...if the local LOEs professionally entered your house with guns drawn and courteouslly searched your house you'd be OK with that? Just asking

Exactly the point. Wonder how long this right to search without probable cause or warrant would last if it was applied to homes on land as well as the sea?

[DeepFrz]

If a LEO asks if he can board your boat you do not have to give him permission. In most cases they will not board. If a LEO says he is going to board you, don't argue.

The USCG intercepted us one night on a Canadian registered boat heading from Key West to Cuba. We were outside the 12 mile limit. After asking if we were all Can. citizens and being told yes they wished us a good voyage. They said they had seen us on a track from Key West to Cuba and that they had to check. I have no doubt that they would have boarded us if we had been inside the 12 mile limit.

[skipmac]

Originally Posted by DeepFrz

If a LEO asks if he can board your boat you do not have to give him permission. In most cases they will not board. If a LEO says he is going to board you, don't argue.

A subtle but very important distinction and the response I will make when the situation next arises.

[Dulcesuenos]

Only time we were actually stopped offshore we were " au nautural " it was homeland security in a large go fast boat. They ghosted up from behind came next to us. I stood up and waved at them asked if they were coming aboard? They declined but did ask alot of questions though they made little eye contact until the wife gave me a pair of shorts lol.

[dandrews]

Originally Posted by Ram

Interesting enough, in 6+ years sailing all over the Med I have not been stopped once- In South Florida it’s a weekly exercise, I wonder if America is spending way to much on a problem that is not really here?

I think you have nailed it.

Don