SailNet Community - View Single Post - rammed:by the customs & border patrol
View Single Post
post #83 of Old 11-20-2012
Join Date: Nov 2010
Posts: 40
Thanks: 0
Thanked 2 Times in 2 Posts
Rep Power: 0
Re: rammed:by the customs & border patrol

Originally Posted by AKscooter View Post
Boats have been a major vehicle of smuggling for centuries
Other than the long historical perspective, so have planes, cars, backpacks/purses and pockets. So what is your point????
My point is: warrantless searches of boats have been going on since long before you were ever born. There's nothing new about it. It's an ancient practice. Probably the first day someone hollowed out a log to make the first boat, there was someone in authority wanting to look inside it. It's just part of the rich and ancient traditions of boating. You chose to engage in an activity that includes the likelihood of being boarded by the Coast Guard. That's your right. And it's also your right to complain about it. But you are only "baying at the moon" -- it's not going to change. You might as well complain about the sun's habit of rising in the east. If it really bugs you, you might want to consider doing something else that doesn't include a long tradition of warrantless searches. It'd be better for your blood pressure.

To quote an old Viking song: "Vem kan segla förutan vind?" -- who can sail without the wind? You're wanting to go out on the water free from warrantless searches is as whimsical as trying to sail without the wind. Good luck.

From a constitutional standpoint: there are only nine people in the United Stares who can decide whether the practice is constitutional. I encourage you to take it up with them, but ironically, the most conservative members of that body are the least likely to side with your position. You might want to read this case that came before the Supreme Court to appreciate what you're up against: Quoting the first sentence of that decision: "Title 19 U.S.C. § 1581(a) authorizes customs officers to board any vessel at any time and at any place in the United States to examine the vessel's manifest and other documents." I'll let the lawyers among us explain the Court's past decisions on the topic.

Originally Posted by AKscooter View Post
Sailing a boat is not a terrorist act.
Neither is flying an airplane. But as pithy as it may be, you can't sum up the whole situation in one sentence. Real life is messier than that. We pilots have had to operate under a microscope ever since 9/11. Would you propose we stop doing background checks on foreign flight students? It's very inconvenient for them. They have to wait weeks before they can start instruction... The world has changed. Get over it.

Last edited by patrickbryant; 11-20-2012 at 02:07 PM.
patrickbryant is offline  
Quote Share with Facebook
For the best viewing experience please update your browser to Google Chrome