|Topic Review (Newest First)|
|12-14-2006 05:58 PM|
For your info... hope it helps.
|12-14-2006 04:32 PM|
"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 04:22 PM|
|camaraderie||CD...ditto that! They are there when we need them...hope they get some new boats that work too!!|
|12-14-2006 02:39 PM|
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 01:37 PM|
Originally Posted by sailingdog
|12-14-2006 01:15 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 12:56 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 11:29 AM|
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 10:53 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 10:45 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.|
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