Join Date: Feb 2008
Location: Chicago, IL
Thanked 12 Times in 12 Posts
Rep Power: 12
Rights during USCG Inspection.
What are our rights during a Coast Guard Inspection? The USCG has the right to stop, board, inspect and make inquiries under 14 US sec 89.
But what are our rights? During my last inspection, I asked if I could take a picture of them, and they said "no." But, it seems I have a First Amendment right to video the entire thing.
1. Do I have the right to remain silent?
2. Do I have the right to refuse to show ID or identify myself? In other cases involving safety inspections, I believe that a citizen does not have to show ID unless reasonably suspected of a crime.
3. Do I have a right to just do nothing? Let's say I am at anchor taking a nap. Can I just say "inspect away, I am sleeping?"
Now, for you moderators wishing to call this a political discussion, I am not asking what the law should be or to discuss what we don't like about it. I would like to discuss the current state of the law and our rights.
On Lake Michigan, getting boarded is pretty much an annual thing. They ask for an ID, ask who owns the vessel, and they want to see the safety equipment. I can't ever remember being short anything required.