What are the Boarding/Inspection Laws and Procedures?

[CapTim]

I've heard that a sailboat isn't protected from searches as would be a home. Which is to say, in the USA, any law-enforcement agency can board any vessel at any time.

So my question is, where can I find that in writing? What law is it? Does that law apply to all bodies of water, or are inland waterways under a different legal code?

I figure this is something that's been hashed out before, but I couldn't seem to dig up any threads on it when I searched around.

Thanks!

[kd3pc]

33 CFR 101.515 requires vessel, facility, and OCS facility owners and operators to permit law enforcement officials with the above mentioned identification to enter or board their property at any time, without delay or obstruction.

Title 46 of the U.S. Code.

In local waters you will then have those local LEO to contend with and their authority stems from State and Local statutes, what is normal in their area, and quite honestly what they can get away with.

In areas near "Points of interest" as described by Homeland Security, you will have one (or more) of their 33 organizational units, or OE's or what ever the newest million dollar paperwork change is calling them...to contend with on top of the CG, which is one of the subordinate OE's they now manage.

Around DC and other targets, gets even murkier as to who is in charge..

Good luck figuring out where their Authority derives from...they often seem to make it up as they go.

As hashed on this site several times, you have but two choices...submit to the search with as best attitude you can muster...or become the poster child for a Supreme Court challenge that will still require you to submit, now with cuffs and a companion with a sidearm in your personal space.

YMMV as will the opinions you get..

[Boasun]

Check your 46 CFR Subpart 26.15
USCG can board your vessel at any time as defined in 46 U.S.C. 2101(43).

[CapTim]

Very cool.. and now an even dumber question than the first one.. what waters do 33 CFR 101.515, Title 46 of the U.S. Code, and 46 CFR Subpart 26.15 govern? Could the local county sheriffs point to that code and use it to board and do a complete search of all areas of a boat?

For what it's worth, I don't take any offense to the above laws. They are what they are. I'm more interested in understanding them than worrying about them. But I'm not smart enough to stumble through the legalease and refer to subsection b part e(ii) with respect to paragraph 7 section 1a as it pertains to rule 41 section 3Ra(i), but not including section 4 or 6 section 3. So getting the bottom line from you guys.. that's handy to me

[Boasun]

For the USCG all Naviable waters of the USA and territories.

If your vessel is used commercially or as a vacation or weekender then any LEO may come aboard. If it is a live aboard, it is your home and only the USCG can board without warrants. Anyway that is to my understanding and I could be mistaken here.
Anyway I don't argue with people who carry guns for a living. And seeing that I'm an old fuddy duddy (others opinion), I'm not worried about a search of my vessel... Nothing there to hide.

[CapTim]

though, to be clear, it's also handy to have the actual written references, so at least I can begin to have the discussions with other people.. and maybe even eventually understand it myself. So keep it coming

--Thanks again

[rockDAWG]

I am with the old school. In the open sea or bay, I lay low and let the authority do what ever they want. Hope they are not the bad ones and leave me alone after they find out I pose no risk to them. I deal with my rights when I am on land.

[Ulladh]

Waters that are not federaly regulated will have state regulations, and federaly regulated waters within states will also have state regulations.

Depending in your state and municipality you may also have law enforcement from the state department of natural resources, fish and boat commissions, state and municipal marine police units,....

Document and safety inspection do not require probable cause.

Probable cause for boarding may include a child under 12 without PFD, open alchohol containers, funny smell, erratic behaviour,....

Read the information that comes with your state boat registration, it may includes regulations or information on the regulations.

Comply with the saftey regulations and documentation requirements, be polite to the officers, they have a hard enough job as it is, and it is for our own safety.

[sailingdog]

Please note that there is a difference between SUBMITTING TO A SEARCH and GIVING PERMISSION FOR THEM TO SEARCH. Submitting to a search preserves your Constitutional Rights against unreasonable search and seizure, giving permission DOES NOT.

I would highly recommend that if you are boarded and they request to search your boat, that you clearly state that you are SUBMITTING TO THE SEARCH, but ARE NOT GIVING PERMISSION FOR THE SEARCH.

[remetau]

Originally Posted by sailingdog

Please note that there is a difference between SUBMITTING TO A SEARCH and GIVING PERMISSION FOR THEM TO SEARCH. Submitting to a search preserves your Constitutional Rights against unreasonable search and seizure, giving permission DOES NOT.

I would highly recommend that if you are boarded and they request to search your boat, that you clearly state that you are SUBMITTING TO THE SEARCH, but ARE NOT GIVING PERMISSION FOR THE SEARCH.

You have mentioned this before, but I still can't figure how it is relevant to a boat boarding. The USCG does not need a warrant for a search. Since they don't have a warrant, and they don't have to specify what they are searching for, basically anything that they find is submissible in court. So whether you gave permission or not doesn't matter.