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Go Back   SailNet Community > General Interest Forums > General Discussion (sailing related)
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  #21  
Old 07-09-2009
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Now do the hard thing: Press charges against that DC for malfeasance and abuse, unless he can come up with a good reason for sending you the life jacket letter as some kind of honest error.

If nothing else, a formal charge of misfeasance and an investigation of it will put an extra large demerit in his permanent folder.
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  #22  
Old 07-09-2009
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Interesting posts. As to the drinking while on a mooring, I find it an interesting question as I own my mooring and have documention of ownership from the county, McKinley Marina in Milwaukee, WI. How would that play out. Virtually tied to my own piece of property in Lake Michigan. Makes another interisting twist to the questions.
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  #23  
Old 07-10-2009
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Quote:
Originally Posted by MedSailor View Post
This is what I worry about. The CG already has incredible powers unheard of in any other country. They can board you without cause or permission on the high seas, which in every other country in the world is the definition of piracy.....

MedSailor
Sorry, but that is nothing like piracy. The hallmarks of piracy are intent to harm and rob, and it is committed by non-government entities operating beyond the physical or legal boundaries of any jurisdiction. In short, violence and lawlessness -- the exact opposite of the Coast Guard's primary missions, which include law enforcement and safety at sea. And which are sanctioned by the legitimate government of our country.

As for other countries: In all the countries whose waters I've sailed, we were always told when clearing customs that we were subject to boarding and inspection at any time by the national coast guards.
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  #24  
Old 07-10-2009
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tough one...

Public officials have the right to use descretion in enforcing laws. No doubt there will be some who abuse authority. Whether on land or sea. Likely most people who are imbibed will say the wrong thing and reap the consequences. A wise person once told me to always be polite w police officers...they are judge, jury and executioner when a questionable situation exists. I absolutely hate the idea of the CG arresting someone at anchor for being drunk and because of the good explanations already offered, believe you would be found innocent of that charge in court...but a drunk is also likely to 'resist arrest' or 'commit assault' = multiple charges etc. So he may ultimately get off but it will cost big money once a lawyer enters the picture.
Are they going to arrest an entire party? Who is the operator?
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Old 07-10-2009
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I agree with Joesaila just say yes sir no sir and wait till it goes to court. The courts won't be happy with officers wasting there time. Drunks do have a way of p---ing sober people off.
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Old 07-10-2009
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Under Canadian law, you can drink while at anchor if;
1) There is a permenent head
2) Cooking and eating facilities.
3) Your travel for the day is complete.

Therefore, if you drop the hook for the night in your decked out cruising machine, you can have a pint or 6.

You CANNOT have a drink if you are dropping the hook for lunch in your little RIB while fishing or snorkeling.
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Old 07-10-2009
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It never occurred to me that drinking while anchored might be a legal problem. Maybe because I rarely drink on the boat. But realisticly, most people anchored are probably not anchored for the night. We also all consider anchoring part of navigation when local authorities try to restrict it. I think the idea of remaining sober while anchored is not unreasonable.
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Quote:
Originally Posted by JohnRPollard View Post
Sorry, but that is nothing like piracy.
Nothing like piracy? Did you actually read MedSailor's account?

Quote:
Originally Posted by JohnRPollard View Post
The hallmarks of piracy are intent to harm and rob,
He was detained without cause and threatened with thousands of dollars in fines, in one case where he couldn't have possibly been where he was alleged to be. All of this backed by the force of the U.S. Government. You don't think that's harmful? You don't think he was robbed of his time?

It may seem minor you you, but I find it exceedingly objectionable.

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Originally Posted by JohnRPollard View Post
and it is committed by non-government entities operating beyond the physical or legal boundaries of any jurisdiction.
First of all: Nowhere does any definition of "piracy" I've seen have anything to say about "legal boundaries" or "jurisdictions." Secondly: Just because the behaviour is government-sponsored, doesn't automatically make it "not piracy." Privateers were nothing more than government-approved pirates.

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Originally Posted by JohnRPollard View Post
In short, violence and lawlessness ...
Yeah, governments never engage in violence or lawlessness.

Quote:
Originally Posted by JohnRPollard View Post
As for other countries: ...
I don't really care about "other governments." I care about my government. I'm not much liking what I'm seeing.

Perhaps you don't mind living under the heels of jack-booted thugs, JRP, but others of us happen to be under what you probably find to be the curious misconception that what our fathers and forefathers lived and died for was a country free of such things.

I tend to be exceedingly supportive of law enforcement. But if any cop, land or sea, abuses me in a manner such as that experienced by MedSailor, my Congressional representatives, both State and Federal, are going to hear about it.

Jim
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  #29  
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Quote:
Originally Posted by patrickrea View Post
Under Canadian law, you can drink while at anchor if;
1) There is a permenent head
2) Cooking and eating facilities.
3) Your travel for the day is complete.

Therefore, if you drop the hook for the night in your decked out cruising machine, you can have a pint or 6.
Which seems completely reasonable.

Quote:
Originally Posted by patrickrea View Post
You CANNOT have a drink if you are dropping the hook for lunch in your little RIB while fishing or snorkeling.
You cannot drink at all, or you cannot drink to inebriation?

(Some following this thread are, by now, probably under the impression I'm a drunkard. Truth is: I drink very little. A six-pack will last in the fridge for weeks, sometimes. The boat gets stocked with a case at the beginning of the season, and most of it goes to guests. I generally only have a beer after she's back in her slip.)

Jim
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  #30  
Old 07-10-2009
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To the OP my thoughts are if someone wants to give you a hard time they can and will. On the water, they need less reason to search for violations than on land. In 30+ years I haven't had a problem with the USCG. 4 years ago I returned to my boat anchored off Oxford, MD, and I was well lit. My boat collided with another while at anchor during a nasty blow and had 4 USCG on board. My reaction was "uh-oh" but they couldn't have been more professional and courteous (neither could I). Checked for my safety on-board safety compliance and were on their way. I probably dodged a bullet but felt I did so by not being defensive and let them do their job.
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