Rights during USCG Inspection. - Page 3 - SailNet Community
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post #21 of 208 Old 07-22-2015
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Re: Rights during USCG Inspection.

VESSEL BOARDINGS AND COAST GUARD ... a topical explanation, which pretty much highlights that the USCG operate via an exclusionary waiver of the protections of the 4th amendment via 14 USC 89.

For LEOs, the 4th amendment restraints and protections would apply - IMO. But, one must consider that the intrinsic underlying function of a LEO is primarily 'revenue'.
Since there is no set legal requirement for personal identification to operate a vessel, the demand for written official dentification, etc. would be invalid and illegal; similar to incidents wherein a person is not operating a defined motor vehicle which requires written officially issued ID (valid license to operate and Insurance info). The requirement in many states to have 'a boater safety course' and/or a boat registration ID would probably override the exclusions of the 4th amendment such as being required to show a valid ID, as powered boats are considered in the same category as motor vehicles - IMO.

The interesting issue is the laws of the state of Florida - "for marine potty inspections", wherein any LEO there can stop, detain and search at whim for MSD compliance at any place and any time and without probable cause, in accordance to Florida Law.
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post #22 of 208 Old 07-22-2015
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Re: Rights during USCG Inspection.

Patriot Act supersedes all of it! And if not at your fixed residence you are required to show papers of ID. Life has changed wake -up and see the light!.....Dale

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post #23 of 208 Old 07-22-2015
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Re: Rights during USCG Inspection.

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Originally Posted by Lake Superior Sailor View Post
Patriot Act supersedes all of it! And if not at your fixed residence you are required to show papers of ID. Life has changed wake -up and see the light!.....Dale
citation?
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post #24 of 208 Old 07-22-2015
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Re: Rights during USCG Inspection.

it was splainedloosey to me when i first moved aboard in 1990 that as a living on a boat soul, we have waived our right to unlawful search and seizure, as we do not qualify as landholders. we are not covered under rights to bear arms. we are not covered by right to privacy--we aint got none-- and ....

so do not quote rights under constitutional law as we are not so covered, as we are not landholders nor land dwellers.
maritime law is different than land law.
we DO have right to be boarded at any time, we have the right not to cause projectiles to be launched from our boats, as that is an act of war, we have the right to have our private lives placed into public eye, and dismissed as a proper lifestyle.
it was also splained to me that if i didnt like it this way i could relocate back to land dwelling.
as i dont give a rats ass about the alleged rights we donot have, as we have waived them, the conversion from constitutional republic to fascist wtf that usa is undergoing should not be as difficult to me as it is to you all with the alleged RIGHTS you claim to have but actually do not have.
read the instruction manual more closely.
when boarded you have the RIGHT to not ask questions, the RIGHT to sit and have your boat sniffedby dogs and torn up by humans as the officials see fit, and removed from your possession as they , the officials, see fit.
enjoy your new lifestyle.
adjust or leave.
i chose to not give just cause for any kind of mayhem by officials, yet i was boarded and sniffed in my mooring locale in san diego on a random inspection.
yes i had a sticker from my local aux personnel, as we need vsc done every year, and no, no strange odors emit from my boat ever. i have a cat, but they had me hold him until they were done invading my lack of privacy. bubba was pisssssed...

it is only as a courtesy that mooring and anchored locals are not regularly boarded.


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post #25 of 208 Old 07-22-2015
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Re: Rights during USCG Inspection.

"The Previous Owner found the process very funny; he was cited for not having a Discharge Placard in the closet behind the Head, where the Sea Water Flush Valve was located."

I doubt that very much, as there is no such requirement.

You are required to have two things :

1) An Oil Discharge placard in the machinery space (or by the bilge pump switch)

2) The general discharge (trash etc) placard in a prominent place.

There is no requirement to have a placard in the closet by the head.

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post #26 of 208 Old 07-22-2015
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Re: Rights during USCG Inspection.

Quote:
It seems to me that you must heave to to allow boarding.
Actually no, I was motoring into the harbor last time I was "boarded" and once I gave them my ID they just had me continue on my way while I held up various pieces of gear. They did not cite me for my expired flares, they did not board my boat, they did not leave their boat, they did not point any weapons at me. This was 60 nm north of the Mexican Border in the Smugglers Corridor of the Pacific.

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post #27 of 208 Old 07-22-2015
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Re: Rights during USCG Inspection.

Quote:
Originally Posted by weinie View Post
citation?
Hey, we don't clutter up a good rant with "facts" around here, buddy.

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post #28 of 208 Old 07-22-2015
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Re: Rights during USCG Inspection.

Quote:
Originally Posted by zeehag View Post
it was splainedloosey to me when i first moved aboard in 1990 that as a living on a boat soul, we have waived our right to unlawful search and seizure, as we do not qualify as landholders. we are not covered under rights to bear arms. we are not covered by right to privacy--we aint got none-- and ....

so do not quote rights under constitutional law as we are not so covered, as we are not landholders nor land dwellers.
maritime law is different than land law.
we DO have right to be boarded at any time, we have the right not to cause projectiles to be launched from our boats, as that is an act of war, we have the right to have our private lives placed into public eye, and dismissed as a proper lifestyle.
it was also splained to me that if i didnt like it this way i could relocate back to land dwelling.
as i dont give a rats ass about the alleged rights we donot have, as we have waived them, the conversion from constitutional republic to fascist wtf that usa is undergoing should not be as difficult to me as it is to you all with the alleged RIGHTS you claim to have but actually do not have.
read the instruction manual more closely.
when boarded you have the RIGHT to not ask questions, the RIGHT to sit and have your boat sniffedby dogs and torn up by humans as the officials see fit, and removed from your possession as they , the officials, see fit.
enjoy your new lifestyle.
adjust or leave.
i chose to not give just cause for any kind of mayhem by officials, yet i was boarded and sniffed in my mooring locale in san diego on a random inspection.
yes i had a sticker from my local aux personnel, as we need vsc done every year, and no, no strange odors emit from my boat ever. i have a cat, but they had me hold him until they were done invading my lack of privacy. bubba was pisssssed...

it is only as a courtesy that mooring and anchored locals are not regularly boarded.
LOL...can I sniff you? (just kidding)

All of that is pretty much true, but as I said, the world is still large, and there are still many places to go, where the law won't bother to reach you.

They *can*, but they rarely bother.

Alacrity, 1981 Tartan 33 #168
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post #29 of 208 Old 07-22-2015
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Re: Rights during USCG Inspection.

If they ASK to board you have the right to say no. That doesn't mean they can not board you.

Other than that you have as many rights as you want to have as long as you are willing to live with the results.
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post #30 of 208 Old 07-22-2015
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Re: Rights during USCG Inspection.

Quote:
Originally Posted by jzk View Post
If I must follow all orders, then I have no rights.
Interesting point. Not sure I agree. You may well have rights that are not recognized. What is the impact of the violation and your recourse? That might be a more useful / productive construct.

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