SailNet Community - Reply to Topic

   Search Sailnet:

 forums  store  


Quick Menu
Forums           
Articles          
Galleries        
Boat Reviews  
Classifieds     
Search SailNet 
Boat Search (new)

Shop the
SailNet Store
Anchor Locker
Boatbuilding & Repair
Charts
Clothing
Electrical
Electronics
Engine
Hatches and Portlights
Interior And Galley
Maintenance
Marine Electronics
Navigation
Other Items
Plumbing and Pumps
Rigging
Safety
Sailing Hardware
Trailer & Watersports
Clearance Items

Advertise Here






Go Back   SailNet Community > General Interest > General Discussion (sailing related) > Boaters Rights, Boot Key Harbor
 Not a Member? 


Thread: Boaters Rights, Boot Key Harbor Reply to Thread
Title:
  

By choosing to post the reply below you agree to the rules you agreed to when joining Sailnet.
Click Here to view those rules.

Message:
Trackback:
Send Trackbacks to (Separate multiple URLs with spaces) :
Post Icons
You may choose an icon for your message from the following list:
 

Register Now

In order to be able to post messages on the SailNet Community forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.
Please note: After entering 3 characters a list of Usernames already in use will appear and the list will disappear once a valid Username is entered.
User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.
Password:
Confirm Password:
Email Address
Please enter a valid email address for yourself.
Email Address:

Log-in

Human Verification

In order to verify that you are a human and not a spam bot, please enter the answer into the following box below based on the instructions contained in the graphic.



Click here to view the posting rules you are bound to when clicking the
'Submit Reply' button below


Additional Options
Miscellaneous Options

Click here to view the posting rules you are bound to when clicking the
'Submit Reply' button below


Topic Review (Newest First)
12-14-2006 06:58 PM
georgellop For your info... hope it helps.

www.ssca.org/anchorrights.pdf
12-14-2006 05:32 PM
hellosailor "I doubt that boats are not covered due to a loophole. Searches of cars are covered by the fourth amendment, as are houses and apartments and mobile homes."

That changed in the early 70's. First a case went up to the US Supreme court about a searches, and it was ruled protected as part of your "effects", exactly the same way that one's carriage was protected in the 1770's.

Then a state came up with the concept that driving was a privilege, not a right, and that part of your licensing & registration can b a requirement that you consent to searches. USSC upheld the change, even though one might think it is illegal to require something like that.

That's the law and the theory that has been used to uphold it, ever since. Further, the federal government does NOT recognize vehicles as "homes" or "residences" in general. The IRS recognizes vehicles with certain equipment as homes, for the limited purpose of tax deductibility. But they still won't mail your returns to your boat, that's not sufficient. Nor do IRS rules bind anything else.

The laws, and how the courts have contorted them, are rarely what they seem. Unless you do your homework and look at their history...and how the latest judge weaseled past them.
12-14-2006 05:22 PM
camaraderie CD...ditto that! They are there when we need them...hope they get some new boats that work too!!
12-14-2006 03:39 PM
Cruisingdad Cam,

Re: Coast Guard, I would guess the Navy can too (or other armed forces).

But I have to say something (and call me nieve) but I DO NOT HAVE A PROBLEM ANY TIME THEY WANT TO COME ABOARD!! Come on!! I will get you a coke, coffe, sit down and take a load off. For those who complain about a CG boarding, let's see you complain when they have to risk their lives to save your butt out at sea.

Nah. Come on aboard. I have nothing to hide. Don't open up the trash though. Those really are dirty diapers.
12-14-2006 02:37 PM
poopdeckpappy
Quote:
Originally Posted by sailingdog
I really shouldn't be addressing a thread that is long dead...but

.
LMAO, I guess I should pay a little more attention to dates and/or read all the posts
12-14-2006 02:15 PM
camaraderie CD...coast guard can legally board USA vessels inside our outside of international waters for any reason. Can't board foreign vessels in international waters.
12-14-2006 01:56 PM
mikeedmo In Florida search warrants are required to "legally" search for evidence within the scope of the warrant. Obviously law enforcement can abuse it's authority and search a car, boat, home but none of the evidence collected in the course of the illegal search is admissable in court. For non-judicial situations you're left to sue the agency for return of property. And never interfere with law enforcement regardless of whether you think the search is court ordered, you'll get arrested for a range of crimes and then there's that street justice you might experience before making it to jail.
12-14-2006 12:29 PM
Sailormon6 This thread isn't about the government's power to search a boat. It's about the government's power to impound a boat. I know of no law that empowers the government to simply take your property away from you without having a legally sufficient reason for doing so, and without giving you due process of law (i.e., an opportunity to challenge the correctness of the government's action).

The original poster didn't tell us any of the facts surrounding the incident. Was his boat impounded because he left it unattended for months, and it was becoming a hazard to other boats or other property? Was it slowly taking on water and settling down on its lines, and perhaps creating a problem for the marina operator, who might have to raise it, clean up an environmental spill and dispose of it if it sank? Was it becoming a public nuisance? If that's true, then most would probably agree that someone ought to have a right to deal with it. But, if a sound boat in good repair that didn't present a risk to anyone was impounded without a legally sufficient reason, then the owner has every right to complain. It's too bad the original poster didn't tell us the facts. It might have been interesting.

If the government takes some action against you, such as searching or impounding your boat, it might be to your benefit to object to the action, verbally, but never, never use even the slightest force to resist or impede them in any way. The court might find that the government was wrong to impound your boat, but the same court might also incarcerate you for forcefully resisting the government. You're allowed to verbally object to what the government is doing, but you can't resist them with force.
12-14-2006 11:53 AM
TrueBlue Boaters in Narragansett Bay, or anywhere within the 3 mile offshore limit, can be boarded at anytime - without consent - by RI CRMC & DEM (Dept of Environmental Management) enforcement officers. Their just cause could simply be to inspect onboard marine toilet containment and disposal sytems for compliance with the no-discharge laws. If the boat owner refuses to comply, his boat could then be impounded.
12-14-2006 11:45 AM
Cruisingdad I guess that was my understanding too, Cam. Difference being if you are out at sea beyond Line of Control. International Waters is totally different, I believe.
This thread has more than 10 replies. Click here to review the whole thread.

 
Posting Rules
You may post new threads
You may post replies
You may post attachments
You may edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


All times are GMT -4. The time now is 07:25 PM.

Add to My Yahoo!         
Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
SEO by vBSEO 3.6.1
(c) Marine.com LLC 2000-2012

The SailNet.com store is owned and operated by a company independent of the SailNet.com forum. You are now leaving the SailNet forum. Click OK to continue or Cancel to return to the SailNet forum.