Washington State Residents the Most Recent Victims of Homeland Security

"...examine, inspect, and search the vessel and use all necessary force to compel compliance. When from such inquiries, examination, inspection, or search it appears that a breach of the laws of the United States rendering a person liable to arrest is being, or has been committed, by any person, such person shall be arrested or, if escaping to shore, shall be immediately pursued and arrested on shore, or other lawful and appropriate action shall be taken..."

I see nothing here excepting personal effects aboard the vessel. I maintain that anything on board is fair game under this Code section, which is a shame. Case law does not preclude them pawing through your computer files to look for the possible interstate transfer of child porn; you know, just in case you're violating 18USC2251...

I particularly find it annoying when the CG is found in places like Crater Lake, which is hardly near the actual "coast".

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If you're going to just give away the constitution anyway

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Well, ifCongress and the Coast Guardactually cared about the Constitution, the Code section that I originally cited would be a lot different in the first place, wouldn't it? Inspection and customs searches of commercial vessels arriving from foreign ports would be covered; searches and disarming of recreational boaters who haven't even left STATE waters probably wouldn't be allowed. But, as we have seen, they DON'T care about the 2nd or 4th Amendments. Don't be surprised when they go through your personal effects on your liveaboard boat. After all, since you live there, EVERYTHING on board is your personal effects.

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johnfenter wrote:

Well, ifCongress and the Coast Guardactually cared about the Constitution, the Code section that I originally cited would be a lot different in the first place, wouldn't it? Inspection and customs searches of commercial vessels arriving from foreign ports would be covered; searches and disarming of recreational boaters who haven't even left STATE waters probably wouldn't be allowed. But, as we have seen, they DON'T care about the 2nd or 4th Amendments. Don't be surprised when they go through your personal effects on your liveaboard boat. After all, since you live there, EVERYTHING on board is your personal effects.

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For a very, very long time the courts have held that a boarding of a vessel is not "unreasonable" per the Federal Constitution.

It has to do with old maritime law and practice. The boarding of vessels was commonplace and accepted even before the US exisited.

I don't think they can toss your entire boat without some sort of probable cause for drug use, or smuggling, etc...

Then again, I'm the liveaboard boater here, so what do I know?

Actually I've never had a problem with coasties and guns. They could care less IMHO, as long as they are not pointed at them.

They are not there to check guns.

But just to end this danged argument, I am going to email the CG in Seattle and ask them some questions.

Dang I get into this argument every couple of years. It is tiring.

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I just turn to the left and ask my co-wroker who is a Ret. LtCMDR. from the CG. I did happen to ask about this to him and his answer was that unless you are in international water and flying a US flag then they can only do vessel safety checks. In international waters they can and do rip boats apart in a search, of course these coasties are only there for drug interdiction.

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joeroket wrote:

I just turn to the left and ask my co-wroker who is a Ret. LtCMDR. from the CG. I did happen to ask about this to him and his answer was that unless you are in international water and flying a US flag then they can only do vessel safety checks. In international waters they can and do rip boats apart in a search, of course these coasties are only there for drug interdiction.

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Thank you.

Maritime law is different in some aspects from other law. The courts still concern themselves with "unreasonable search and seizure" per the federal constitution, but what may at times be unreasonable ashore, is reasonable on the water. It's weird, but there are so many different rules for boats.

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No problem.

Your complaint about so many different rules for boats was something that he said really made it a pain in the butt for the guys doing inland water compliance, especially when they just came from drug interdiction.

He did of course say that you had better not have anything illegal in the areas that they inspect for compiance. He said taping a bag of cocaine to the back of the head would be a really really bad idea.:lol:

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Bear 45/70 wrote:

"If Tyranny and Oppression come to this land, it will be in the guise of public safety and National Defense.”



We seeing this happen now and under Obama or Hillary it will get worse fast.

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Bear - The point of that quote is very true, and it's a very real and scary one. But it's not the right quote, according to some internet research:

http://en.wikiquote.org/wiki/James_Madison

I did more research than that, but the proper quote appears to be:

"The means of defence against foreign danger, have been always the instruments of tyranny at home."

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"...examine, inspect, and search the vessel and use all necessary force to compel compliance. When from such inquiries, examination, inspection, or search it appears that a breach of the laws of the United States rendering a person liable to arrest is being, or has been committed, by any person, such person shall be arrested or, if escaping to shore, shall be immediately pursued and arrested on shore, or other lawful and appropriate action shall be taken..."

I see nothing here excepting personal effects aboard the vessel. I maintain that anything on board is fair game under this Code section, which is a shame. Case law does not preclude them pawing through your computer files to look for the possible interstate transfer of child porn; you know, just in case you're violating 18USC2251...

I particularly find it annoying when the CG is found in places like Crater Lake, which is hardly near the actual "coast".

Click to expand...