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Old 11-05-2010
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Scary situation for both sides

This is a redirect from Rikhal's post. I was already going to post this, then saw he had come up with it. I am moving his post to here because I want to make sure that when googles, it will pop up appropriatly. Please excuse my as I merge the first few posts as they may not be in complete succession.

Brian


Hi all

This came to our sailing list from Chuck Baier, General Manager Waterway Cruising Guide

A very scary situation for both the yacht owner and the law enforcement officers.

Rik

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We all know that the possibility of being boarded for a sanitation inspection is a possibility. And we have all heard reports of some aggressive and less than friendly boardings. Many of these reports have come from areas on the east coast of Florida. As boaters we all understand that dumping raw sewage into our waterways is in no way acceptable. Yesterday, a report circulated around several websites about a particular boarding that was reported by a boater, that happened in Volusia County involving the Sheriff's Department. After we had an opportunity to review the report we sent a request to the Volusia County Sherrif for comment. Here is a copy of the report followed by the response from the Information Officer at the Volusia County Sheriff''s Office. We leave you to decide for yourself. Keep in mind that we have no verification of the actual facts so we are presenting each sides account. Read on as posted on our Discussion Board......

We just received word of this report from a boat boarded in New Smyrna and the report is indeed disturbing. At this time we can not confirm this but we don't have any reason at this time to believe it is not true either. It is important enough that we thought our friends should be aware. Please read the following:

"I am the owner of Gulfstar 50 cruising sailboat . . . . I have been bringing the boat from Newport RI to southern Florida and points south for the last 14 years.Today,wed Nov. 3,2010, I was transiting the AICW from New Smyrna, Florida, southbound. I had come in from offshore last night, shutting my sanitation valves and diverting them to holding tanks as is my practice when onshore. They are remotely located and accessible only to me. My crew has no knowledge of their location.

At 1000 while I was below cooking bacon, my crew who was driving, yelled to me "we are being boarded by police". We gave no provocation for this incident. I prepared to shut off and secure the stove, hot liquid bacon grease,propane,flame etc. Next thing I see is an officer right next to me in the corridor of the galley with a .45 caliber automatic weapon drawn and pointed at my chest. "Get on deck" he ordered.

These officers never asked permission to board. We were cruising at 7 knots. 2 of the 3 officers had jumped on board . The remaining officer fell back in my wake in his boat, while the other officer (the one who had drawn his weapon on me), put dye in my heads and flushed. The boat behind said he saw no dye. So my tanks were retaining the discharge. The other officer on board proceeded to issue me a $250. citation for one "unsecured valve"

In conclusion, I think this type of unprovoked assault on an innocent cruising boat is inappropriate to say the least . It is uncalled for and an overreach of power. We had done absolutely nothing wrong. and we were not discharging anything overboard. my crew did not know where the. valves were. I was the operator of the vessel and was in total control of the sanitation system, yet I was given a citation (under gunpoint) referencing 327.53 which says I must do what I had already done.
Name Withheld by Request"

This is indeed disturbing and we have just sent a request to Sheriff Ben Johnson of the Volusia County Sheriff's office asking for a response. If anyone else would care to email him he can be reached at, BJohnson@vcso.us . We will post his reply. Chuck

And the response from the Sheriff's Department........

Thanks to all who've written to inquire about this incident. Unfortunately, the events as depicted on the web site posting don't convey all of the relevant facts surrounding the incident in question.

First off, the author is in fact correct that no provocation with law enforcement had occurred prior to the boarding. However, it should be clearly understood that no provocation is required, or even permission needed, for law enforcement to board a craft for the purposes of conducting a lawful inspection. The reality is that transient crafts moving through the waterways within our jurisdiction have been known to dump sewage into our waterways on many occasions. Along with ensuring boating safety and compliance with the rules of the water, the prevention of sewage dumping is another responsibility taken very seriously by the Volusia County Sheriff's Office and its Marine Unit. I feel certain that everyone with an interest in preventing the pollution of our waterways appreciates our efforts in this regard.

With that in mind, some key facts were omitted from the description of the encounter on November 3, 2010. Most notably, when our deputies boarded the craft, they ordered the two occupants on the top deck to stay where they were. In direct defiance of the deputies' order, one of the passengers ran to the cabin area, where noises could then be heard that sounded as if compartments or drawers were being opened. Not knowing the intent of the passenger or the reason for his failure to comply with their orders, and fearing that he may have been reaching for a weapon, a deputy did in fact draw his duty weapon for officer safety purposes.

This in no way was inappropriate, an over-reaction or an unprovoked assault, as alleged by the writer. Given the sequence of events, this was an entirely appropriate and necessary act on the part of the deputy until they could secure the occupants and gain control of the scene. To those on this web site who are questioning the actions of our deputies, I ask you to think for just a moment what you would have done in the same circumstance. Given the dangers that law enforcement officers face every day on the job, I also ask you to stop and consider what might have occurred if the passenger was, in fact, reaching for a weapon and the deputy had not drawn his weapon for protection. Our deputies are trained to exercise restraint. But they also are trained to draw their weapons if they perceive the potential for harm. Waiting for the danger to be upon them is tragically too late to react.

Lastly, it should be noted that the inspection of the craft did result in the discovery of a discharge valve that was not properly secured, as required. As unsettling as these events may have been for the occupants of the craft, the events would have transpired much differently had all of the occupants simply complied with the lawful commands of law enforcement.
Gary Davidson
Public Information Officer
Volusia County Sheriff's Office
__________________
Irwin Citation 34
Mystery

Last edited by Cruisingdad; 11-05-2010 at 02:52 PM.
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