Alaskan Sea-Duction
Guru
- Joined
- Jul 6, 2012
- Messages
- 8,082
- Location
- USA
- Vessel Name
- Alaskan Sea-Duction
- Vessel Make
- 1988 M/Y Camargue YachtFisher
The courts have been more clear about this. The type of search the CG does is called an administrative search, and is allowed only to ensure compliance with safety, documentation, and revenue regulations. If during that search they see something "in plain sight" that arouses reasonable suspicion, then they can go further. The CG has sometimes interpreted safety compliance to require going through your underwear drawer and pockets. This has not held up in some court decisions and may not in the future.
The sticky question is: when does it become a 'pretextual' search, that is the real motivation is to find contraband but the pretext of the search is to check registration and life jackets? A fair amount of these court decisions is devoted to sorting this issue.
The general public, driving their RV down the highway, would not stand for armed military officers randomly stopping them, entering the vehicle and searching through the drawers, under the floor, on their persons, etc., nor will the courts. The excuse given for vessels is the ancient revue cutter act, and the fact that boats may have access to the open sea and foreign countries without a border stop. Certainly for pleasure boats operating on inland waters the distinction is weak or vanishing. The context in which the revenue cutter act was passed is obsolete, and has been for some time.
Meekly giving up your rights provided by the Constitution weakens it for everyone but at the moment your contacted is not the time to fight, voice your opinion certainly but control yourself. You may win in the long term but getting nasty and physical will just get you a ride and probably a night or two in jail until a hearing. More and more agencies are going to body cams which should provide a true picture but remember the authorities may walk you into a trap as the know the camera is on.
So you guys have a good point. I will concede that the USCG has jurisdiction on any navigable waterway. Out to 200nm?
My real concern is that local Sheriff or State cop who thinks they can board you in the same manner as the USCG: Anytime, anyplace. Using the "Safety Check" as an excuse to board you.