4th Amendment Violated? Coast Guard Boarding
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- čas přidán 12. 12. 2018
- And now for something a bit different - a video from October 20, 2018 chronicling a boarding by the US Coast Guard.
This seems to be one of the most polarizing issues in the fishing/CZcams world - do the Coast Guard, Marine Police, Fisheries/Conservation Agencies have the right to board and inspect recreational fishing vessels that are doing nothing wrong?
I offer my opinion in the video - what's yours?
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People should really educate themselves on 14 USC 89.
[BDN] TrueJersey26 explain
Looked it up. Get where you are coming from - this is not a 4th Amendment issue - look, like I said in the video, I have no issue with being boarded especially since all the ones I’ve gone through have been quick and painless
@@jiggingjerks It's the same reason that the Navy brings Coast Guard LEDETS (law enforcement detachments) on patrols in the Caribbean / Eastern Pacific. Navy doesn't have authority to just board any vessel, but the Coast Guard has the unique ability to do it whenever and wherever. It's due to the technicality of Coast Guard personnel being "federal law officers." Even just "Failure to heave to" is in the US code as a criminal act.
Whether that's right or not isn't for me to say... Just trying to shed some light on why it's not necessarily the same thing as getting pulled over for a traffic violation.
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Amendment IV, U.S. Constitution, ratified 12/15/1791.
The Fourth Amendment to the U.S. Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was written in direct response to British general warrants which empowered British law enforcement to search virtually any home, at any time, for any reason, or for no reason at all.
The Coast Guard’s primary law enforcement authority is derived from 14 USC 89 (made law in1949) which states in part, “The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of the laws of the United States for such purposes, commissioned, warrant and petty officers may at any time go on board of any vessel subject to the jurisdiction, or to the operations of any law, of the United States, address inquiries to those on board, examine the ship’s documents and papers, and examine, inspect, and search the vessel and use all necessary force to compel compliance . . .”
While the Fourth Amendment may protect the citizen, law abiding or not, from the threat of an “unwarranted” search, that protection ceases once the citizen is on a vessel. The Coast Guard has sweeping authority to board any vessel (subject to the jurisdiction of the United States) at any time, any place. It does not require a warrant. It does not require probable cause. Boardings need not be based on a suspicion that a violation already exists aboard the vessel. Their purpose is to prevent violations and the courts have upheld this authority. Also, the Coast Guard has full legal law enforcement power on any land under the control of the United States, as needed to complete any mission. 14 USC 89 has its roots in the Revenue Service Act of 1790 which provided “all collectors, naval officers, surveyors, inspectors and the officers of the revenue cutters . . . to go on board ships in any part of the United States . . . for the purposes of demanding manifests . . . examining and searching the said ships, and the officers shall have free access to the cabin and every other part of the vessel . . .” This statute was passed by the first Congress, the same Congress that enacted the Bill of Rights, including the Fourth Amendment with its guarantees for citizens to be secure against unreasonable searches and seizures. By enacting the Revenue Service Act, the first Congress showed unequivocally that the Coast Guard’s significant law enforcement authorities to board and search a U.S. flag vessel anywhere in the world, as well as vessels intending to call on U.S. ports, were consistent with the Fourth Amendment.
U.S. Courts over the last 200 years have consistently validated the right of the Coast Guard to board and inspect vessels, probable cause or not.
Plainly stated, when it comes to Coast Guard boarding, you don’t have any rights. As stated by Capt. Rasicott and CDR Cunningham in their article found in Proceedings, Summer 2009; “There are two main ways to board a vessel - either with permission, or without.”
Vessel operators should know that to refuse permission for Coast Guard personnel to board may subject them to a penalty of $500. Forcibly resisting is a felony punishable by up to ten years in prison and a $10,000.00 fine.
The unfettered search authority by the Coast Guard has its merits, especially in a world where random acts of terrorism are a constant threat and smuggling of illegal drugs into the U.S. is rampant. Supporters also point out that “the government certainly has a vital interest in ensuring vessels on the high seas are safe, seaworthy, and properly documented.” See Constitutional Barriers to Smooth Sailing; 14 U.S.C. 89(a) and the Fourth Amendment by Megan J. Knight. Indiana Law Journal Vol. 72, Issue 2. In her article, Ms. Knight recognizes the inherent conflict between the U.S. citizen’s expected right to privacy and 14 U.S.C. 89, and suggests that these vital interests, however “should not be advanced at the cost of sacrificing the constitutional freedoms of law abiding seafarers.”
However, if you are expecting the Courts to reverse decades of decisions finding that 14 U.S.C. 89 searches are not in conflict with the Fourth Amendment, forget about it. In today’s society where everyone is subject to mandatory searches without probable cause every time you board an airliner, enter a government building, state or federal, or major sporting event, the power of the Coast Guard to search any vessel at any time is not going to be fettered. It will take an act of Congress and that will never happen.
@@andrewrollins4898 agreed. Unfortunately, the wrong side of the government.
They asked permission and you gave them permission. End of story.
@TROPIXSTARZ if God's boat was US flagged.
@TROPIXSTARZ You said "on the water"
@TROPIXSTARZ yes i have no trouble beleiving the us military,coast guard etc etc would board gods boat.ys yes co m e to an merica where u will be safe from the terrorists that the federal govt funds all over the world to murder all other soveriegn nations into submission.come here where u will be free we will only enslave u with endless punitive laws fines fees and regulations to the point u will be oour slave.you will be free here unless u want to do things like grow a garden inyour yard.home educate your children and teach them homosexuakury is not acceptable
@TROPIXSTARZ That's not only on the waters. The coast guard can also exercise those powers on any land under the jurisdiction of the United States. The Coast Guard's authority for search dates back to the very same people who created the bill of rights, so they've been called by legal academics "supercops".
That is correct! I heard him say, "sure; come on board."
When you said "C'mon board" you provided authorization.
A safety inspecition is not optional when they request to.....searches however require prob cause or a warrant
When the uscg asks to come aboard its not for a yes or no. It's to see if the person they are boarding has any attitude that might change the safety of the crew
That was for good manners. The USCG does not need permission to board. Title 14 USC, Section 89.
@@norml.hugh-mann Nope. Title 14 USC, Section 89. The authority of the Coast Guard is clear.
There was no SEARCH, this was an inspection, just as they stated when they pulled up. They inspected safety gear. They mostly just sat there and inspected things you handed them.
Brown Shugaaa lowkey search.
i wish they would do more, some real assholes on the water these days
@@MatanuskaHIGH negative
FYI: The Coast Guard has the authority under Title 14 USC 89 to make inquires, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, in order to enforce federal laws. The Coast Guard can inspect any craft at any time in their jurisdiction. They do not need your permission to board your boat.
Say it again!!
Soumds rather authoritarian and not free. Lol.
14usc89 is a blatant violation of the 4th amendment
@@cccshrek was 14usc89 implemented before or after Patriot act?
@@cccshrek Only if it happened on land. However, the 4th was never written to include the high seas. In this case, a federal waterway. So, on a boat, on the water patroled by the CG, 4th doesn't apply.
Its a safety inspection.
What was searched and seized?
I believe they asked for safety equipment and proper documentation. You provided, they returned.
If you had only bought some new flares you would have got a perfect score. Good job being so prepared.
You invited them on board = consent
Consent given under threat of death is not consent.
@TROPIXSTARZ that is a false statement. Just because they write it doesn't mean its constitutionally valid. If its not constitutionally valid citizens can ignore the law, and exert their rights with impunity. (Use all necessary force to compel compliance....what is this Nazi Germany)
@TROPIXSTARZ I can see by your reply you have no intention of listening to reasoning. You simply wish to categorize and devalue credible truth, because it's not your truth. I'm aware that liberty has been stripped away at alarming rates, people just fall in line out of fear, or because they think it wont affect their version of freedom. Look up the definition of tyranny, ask yourself how far it has to go before you wake up and take a stand. Will it be your children you leave to fight, perhaps your grandchildren? I will say it again just because they claim it law doesn't make it so, you as a citizen regardless of knowledge cannot sign away your rights nor can they be lawfully taken. Tyranny always comes in disguise, usually promises of security or peace. I've said all I can, I hope it finds you well
@TROPIXSTARZ if I were a millennial as you brand me I would be laying down allowing them to board me as you suggest. Wet behind the ears? Knowledge doesn't require deathly old age, but a hungry soul and a sharp mind. Or as a knowledgeable man once told me, I know wise age men who still buy their fish.
@@spybreak23 When were they threatened with death? Come on!!
i think the cost guard guys are very friendly and its their job to make sure everyone is safe.
TheConstar90 exactly! They just want to make sure if they have to come save someone’s ass, that someone has all they can to stay alive until the CG gets there!
Is not about safety its about extorting money thru a massive list of regs. Given enough time these clowns could have found a wire not being the right size behind the console or any of ten thousand things.
Asshole
@@Tsalinger lol no... we just don't want you kids to drown because you don't have any PFDs that fit them.
@@lordadalhardt4285 then once they don't bring their safety equipment, you'll have to pull them out of the Atlantic.
Funny story....I was called to heave to by the local Coasties but we were finishing a race, so I said "No, you can come and get me over there" pointing to the finish line. My crew thought I was out of my mind and we continued to sail on to the line. They were good guys and left me alone. To this day I am the only person I know that has successfully told the Coasties NO.
Ha! Cool story. Yeah, they are generally good eggs
Amazing when your polite and respectful how easy it allows the guys do their job.....
Their job is to fine or steal your boat. Period.
@@hughsmith4464 who’s is their? I’m confused
I have been boating since the early 1970's and have had only two interactions with the CG. The first was in the mid 70's we were cod fishing just southeast of the Montauk light when we lost a blade off our prop and they came out and towed us in. That was the good old days when they still provided such services. The second was 2017 in Barnegat bay. It was closing day of the fluke season, when the two coasties came aboard to inspect us they saw my long time fishing partner Tom was an amputee they asked about his leg affected his ability to function on the boat. They then found out he was a disabled Viet Nam veteran, I thought they were going to salute him. We were treated with the upmost respect and yes we still got a thorough inspection. As for me I always feel better when I see them around.
Always feel better when ya see BIG brother around eh? laughable....control,control,control....some peeps can never be reached...
@@wolfkat6492 Think of it like having a nice firearm strapped to your side. Nice to know it's there if you need it. Agree?
You are remembering the good old days. They are gone. The Coast Guard today is nothing more than the strong arm of the government on the water. The Crab Navy has been reduced to being Federal Game Wardens and bullies.
@@dickmartn I don't necessarily agree with that but how so?
auxiliary will tow if nobody else is around
I was a Coast Guard boarding team member and was studying to be a boarding officer. Unfortunately, this guy is completely incorrect. Under 14 USC 89a, the Coast Guard does not need reasonable suspicion or probable cause to board your vessel. It's a safety inspection of your vessel to ensure that your vessel is sea worthy along with your vessel is safe to operate without endanger your life. This is clearly laid out in 14 USC 89A. The CG does not need any cause to board you ..... they simply can.
Along with this, if a search was conducted, the CG is the only law enforcement entity that does not require a warrant to search a vessel. THIS IS CLEARLY LAID OUT IN U.S. SUPREME COURT CASE LAW. It can only search on probable cause. This is due to the environment the CG works in and it would require unreasonable time to obtain a warrant to search a vessel. This is why, based on probable causes which is the basis of a search warrant, the CG can search.
So in all honesty. What the CG did in this video was perfectly legal.
Fourth doesn’t apply. There was no “search.” Only legally required documents and equipment were requested for inspection. The persons onboard were only detained long enough for the limited inspection to be completed.
Judicial president supporting such maritime boardings is well established within the US and internationally.
Chester Smith. Maritime (Common) Law supersedes national law according to the US Supreme Court. The court has never countered the legality of Coast Guard boardings in lateral waters
I believe that if you are actively fishing or hunting or to or from those activities, you are subject to search with or without probable cause as a condition of the fishing or hunting license. People can hide illegal catch anywhere on that boat, so the whole boat is fair game.
Seemed respectful to each side. Agree with your final summary of benefit to have a safety check.
A safety check, of which they have an established checklist (or so it seems) but one guy has to go to the rules(law) to check something. It’s my experience if they have to check “the laws” they’re fishing for something to write you up for.
Ok but why is the government able to tell me what I have to have on my own boat? Like it’s my boat it’s like a seat belt law like I don’t need the government to protect me from my own decisions
Yes... trying to generate income... lol
@@mattm5941 yes you do.
MY opinion I've owned boats all my life I've never had a an issue with any of the coast guard or them boarding us they are always respectful NO attitude good guys !!!! 🇺🇸
Back in 2015 I bought a new Sea Hunt 27 with twin 200 HP motors with all the Coast Guard equipment . There were about 25 boats near me and I was the first one they boarded . After me they went to a few others then left the area . They were polite and friendly and I never felt like they were looking to hurt anyone. Last year I was boarded once and not at all this past year.
I think the coast guard was just doing their job and a safety check like that is fine in my opinion. I seem to get boarded every year or two (it’s a 12 month free pass after your boarded). Usually in the early or late seasons when their aren’t many boats out. The Guardsman I have dealt with have been nothing but professional and I have always had great conversations with them. Many boaters do not take safety seriously enough, personally I think the hoardings help awareness on that. I ever have an issue when it happens.
With the weather conditions that were there that day , they just wanted to see if you were prepared for any situation . You gave them the OK to board and inspect . Very good
This past season was the first year I was not boarded by the Coast Guard. I boat out of Sea Isle City NJ and the Coast Guard Station is only a few blocks from my Marina. I have NO problem with them boarding my boat, they are always extremely professional and friendly. I have the highest respect for these service men and women and to know they will be there when I might truly need them.
Agree
😃 Thank you for your concern, service US Coast Guard and all Wardens. I only wish there were more of you. All of my experiences were appreciated and performed with respect. Again thanks a bunch for being there!
I enjoy Coastie inspection. They use an aluminum cat about 60' out here that hauls ass and is quiet as a 👻.
The USCG can board US Registered vessels anywhere in the world. They can board foreign vessels in US waters. If a foreign vessel is on the high seas they must obtain a "Statement of no objection" from the flag state in order to board. The SNO is obtained via the State Department.
Hi.. Thank you for sharing with me this experience. I once was boarded by Marine Patrol and that was also a good experience; however, it can always turn ugly if unprepared or by having a bad attitude. Cheers from Miami, Florida.
Coast guard can board your boat at anytime, out on the water or in the marina. I’m surprised how many people don’t know this.
They can absolutely board for safety inspections 100%.
I am a licensed Capt and run a charter boat for a living. FWC had even more power
They can board for a lot more than an inspection. Imagine the IRS merging with the NSA and absorbing the secret service and treasury department. That agency would have some extreme powers, right? The coast guard is a mishmash of agencies slapped together over time, and originally its purpose was to tax goods coming into the country. A federal judge in NY wrote an article about how much power the coast guard actually has explaining that their jurisdiction is not limited to the seas. They’re essentially cops with unlimited power.
Agree 100%
As an ex coastie these guys doing this makes me feel so proud,not to mention glad to see you were good with the guys who were doing the boarding,peace and blessings.
It was violated.. but in the 40s, a Maritime law from 1790 gives them the absolute power to board any vessel they can catch.. with no probable cause... It's messed up.. nobody has more authority over my safety and we'll being, than I do..
Bryce Waldier asking permission to come aboard is showing respect to captain and crew either way there coming aboard. The marine patrol and coast guard have no boundaries the commissioner has given them no warrants entry into homes boats anything. All if they suspect something happened. And can suspend all fisheries licenses before you even go to court. I don’t think any other states do this
Just saw this video and recently got into boating. I am also truck driver. The coasties are like the DOT for us truck drivers. As long as you do what your supposed to have all safety equipment and inspections done and stay within the rules. You shouldnt have any issues. Especially if you treat them with respect the way you did. Most of the time you will get a verbal warning or if its its something small that needs to be repaired to keep you and the rest of public safe they will let you fix the issue. Gotta keep in mind an 80,000 lbs tractor trailer is bigger than any car on highway those DOT guys just like coasties have a job duty responsibility to keep everyone safe. I havent had any interaction with the Coasties Yet but will look forward to have them do a safety inspection being new to this I want to make sure im doing it right so I can keep myself friends family and fellow boaters safe. Im sure i will be nervous but i will definitely be cooperating and ask more questions then them. Anyways great video and salute to you for being prepared organized and respectful im sure that goes a long way just like with the DOT crew. Stay safe and thanks for posting this video
As a former Coast Guard Licensed Boarding Officer the only thing I needed to stop and inspect a vessel was a desire on my part. I did not have to have justifiable cause to stop and inspect a boat. This ability was given to me by federal law when I passed my Federal Boarding Officers
License.
@michael Berry sound familiar ? A DEA officer stopped at a ranch in Texas , and talked with an old rancher.
He told the rancher, "I need to inspect your ranch for illegally grown drugs."
The rancher said, "Okay , but don't go in that field over there.", as he pointed out the location.
The DEA officer verbally exploded saying, " Mister, I have the authority of the Federal Government with me !" Reaching into his rear pants pocket, he removed his badge and proudly displayed it to the rancher. "See this badge?! This badge means I am allowed to go wherever I wish.... On any land! No questions asked! Do you understand ?!!" The rancher nodded politely, apologized, and went about his chores. A short time later, the old rancher heard loud screams, looked up, and saw the DEA officer running for his life, being chased by the rancher's big Santa Gertrudis bull...... With every step the bull was gaining ground on the officer, and it seemed likely that he'd sure enough get gored before he reached safety. The officer was clearly terrified. The rancher threw down his tools, ran to the fence and yelled at the top of his lungs..... "Your badge, show him your BADGE!!"
@@FMS-Customs
That is a good story of an incompetent DEA officer. It starts with his first encounter with the rancher and goes downhill fast from there. A professional approach would be to introduce yourself and explain what you are going to do and have the rancher escort you during your inspection. This is a very short explanation of a proper and respectful interaction between law enforcement and the public.
John, go to your closest CG station at the beginning of the year. They will be happy to do a boat check for you and give you the yellow sheet, so other then fish checks you should be good the rest of the year.
Or get in contact with the CG Aux. They have inspections where you pull into a parking lot where they are set up and get your inspection. They will find stuff you didn't even think up. We had a couple of PFD's that blew up the moment they tested them for air leaks. Luckly at the time, was in a KMart parking lot and we went inside, purchased two new PFD's and the aux gave us a coupon for 15% off all boating safety equipment. God, that was like 15 years ago.
Steve6911 That’s
not true at all the boarding report or the “yellow sheet” as you called it is called a 4100 and does not have a time limit on the next time you’ll be boarded. You could get boarded one day by a cutter small boat and then be boarded again a day later by a small boat station. We’re law enforcement. If you get pulled over one day for speeding and then do it again the next day and get caught you’re still going to be pulled over and given a ticket.
nick sweet, I wasn’t talking about if you are doing something wrong or for fish checks, I was talking about a safety inspection. Your wording makes it sound like you are in the CG, if I am wrong then I apologize. I friend of mine was in the CG and after we got our safety inspection he told us we you again next year and if another CG boat came up to us for an inspection we showed them the sheet and they went on there way. Again if I am wrong then I apologize for the misinformation.
Steve6911 I am in the coast guard and I can tell you from experience there are some instances where yes we will not board other times we still will depending on the boat and what the 4100 says. It doesn’t matter if you’re doing anything wrong or not we have the authority to board any vessel at anytime within our jurisdiction. (14USC522)
If you are traveling or fishing on inland waterways that are connected to the sea they have the authority and responsibility to inspect your vessel at any time. The Maritime law covers this aspect as well. Has nothing to do with the 4th amendment.
Exactly Maritime law.
Unconstitutional law is not law. Pigs could have legally been shot. A case like this already happened and the mans charges were dismissed by a federal jury, setting federal precedent, cases below.
"A federal jury has found a man accused of firing at a U.S. Coast Guard crew not guilty of both weapons charges handed down in an indictment by a grand jury in September.
Daniel Michael Szabo, 41, was facing a possible life prison sentence for charges of trying to kill a Coast Guard officer during a boarding and using a firearm while committing a violent crime.
But jurors on April 6 only found Szabo guilty of failing to stop his vessel when ordered to do so by the Coast Guard."
“When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.
“These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence.” Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903."
Mel you are so wrong. Being on an ocean close to the ICW or what ever you locale NEVER diminishes our rights under the US Constitution. Maritime law does not supersede the US Constitution.
I don't know about the coastguard rights but you were very well prepaid, It's good to see someone that knows what they have to have and do. GREAT!!!
I’ve seen a few comments about the CG having the ‘right’ to board. People have ‘rights’... law enforcement has ‘authority.’ The CG has the authority to board. I see both takes on the boarding. Great boarding team. Great boat operator. Thanks for the video
The Coast Guard has Jurisdiction (the government's legal right to exercise authority over it's people, vessels, and places.)
And Authority (the government's legal power to act.)
When you take your boating licence test at least in alabama when i took it this week you go threw a part that says you understand that the coast gaurd can board and subject you to things like achohal test.
Or spell check
Any US waterway the USCG has authority’s to conduct a safety inspection on any vessel.
They're just doing their job like you're supposed to you're not doing anything wrong or I live here in Alaska and I thank God for the Coast Guard every day
On the water the USCG has more authority than any agency. The 4th Amendment doesn't apply. When I was in the USCG (reserves) 35 years ago, in Class A school they always made a big deal out of mentioning that we have more authority than the FBI while on water.... being 19/20 yr and in a military mindset, I didn't ask in depth questions about it, just took their word for it.
Same as the county Sheriff, they have more authority than the FBI in their jurisdiction.
That's BULLCRAP! The constition always prevails. All other laws are secondary. Anyway i always welcome the coast guard on board but i tell the harbormasters to come back some other day.
Like so many other people here said. They asked for permission to come aboard and you welcomed them with open arms. You gave up your rights. On another note. That was some nice fishing going on there. Black fish are really good eating.
yeah because he knows if he doesn't say yes they would board anyway you idiot
The supreme Court established a long time ago that the USCG didn't need search warrants when engaged in it's duties of enforcement of US law on waters subject to US jurisdiction. Going to a federal magistrate is difficult on the ocean. The purpose of the inspection is to determine compliance with the Boating Safety Act (flares, life jackets, fire extinguisher, etc.). If during the course of the inspection, I see reason to believe that there are drugs or other illegal stuff, then I can search further. I only need to be able to articulate the probable cause. As numerous smugglers have found out, the 4th amendment is modified (not eliminated) at sea. Same rules for pollution and customs inspection.
They still must have prob cause or a warrant to actually search just like road pirates, true they can make it up just like road pirates too....CG personell are usually more safety minded unless your high/drunk or obviously breaking the law
Wrong. Unconstitutional law is not law. Pigs could have legally been shot. A case like this already happened and the mans charges were dismissed by a federal jury, setting federal precedent, cases below.
"A federal jury has found a man accused of firing at a U.S. Coast Guard crew not guilty of both weapons charges handed down in an indictment by a grand jury in September.
Daniel Michael Szabo, 41, was facing a possible life prison sentence for charges of trying to kill a Coast Guard officer during a boarding and using a firearm while committing a violent crime.
But jurors on April 6 only found Szabo guilty of failing to stop his vessel when ordered to do so by the Coast Guard."
“When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.
“These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence.” Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903."
@@ThatCarGuy the guy got 27 months in federal prison to think about it.......
@@surfboy344 What are you trolling on about?
He legally shot at them and won... That doesnt change the fact he actually committed a crime like drinking and driving, for which he was charged, unlike the person in this video, who didnt commit a crime, hence Its legal to shoot these pirates. The point of my comment. They have no right to just get on your boat, you can legally shoot them.
Hence....
""A federal jury has found a man accused of firing at a U.S. Coast Guard crew not guilty of both weapons charges handed down in an indictment by a grand jury in September.
Daniel Michael Szabo, 41, was facing a possible life prison sentence for charges of trying to kill a Coast Guard officer during a boarding and using a firearm while committing a violent crime.
."
and the other federal statutes.
@@ThatCarGuy think about it. The appeals court affirmed a 27 months sentence just for not stopping. That's felony time. Juries have let guilty people go free before (hence the phrase Bronx jury). The trial judge and the circuit judges apparently disagree with the jury ( read the appellate opinion) and gave this moron over 2 years to think about it. The risk people run is when they start shooting at law enforcement officers, they themselves can be shot because deadly force is authorized when a suspect pulls a gun. If you disagree, fine. Pull a gun on a law enforcement officer the next time you are pulled over and have your surviving family let me know how it goes. Also, the background is that the CG was trying to save him from possible suicide.
I think that you sign in your marine registration that you are subject to CG "Safety" inspections. I know you do when the vessel is US Documented. It's a hassle and often inconvenient but they do attempt to make the water, coastline a safer place. I do think that the inspections should not exceed"safety and operational equipment. Not the heads unless they have probable cause...not lockers etc. Drug trafficking and drunk boaters have changed the focus of the CG these days.
I was a boarding officer in the CG for many years. While stationed in San Pablo Bay, most all of the local PD's/Sheriff's would call almost daily asking to go out on boardings with us, because they had to adhere to the 4th amendment search and seizure laws and we did not. Buy the CG initiating the boarding from a CG vessel, the PD/Sheriff was acting under the same authority as the CG. They loved it. They used to laugh about how much authority we had and would say, "Man if we did this on our own, we'd get sued!". I agree it's crazy, but it's the law. Title 14 USC 89 ain't no joke son.
NDS... those police are laughing at violating the US Constitution & American citizens rights. I find it absolutely insane that a illegal alien crossing the boarder has more rights than a taxpaying citizen here in these United States.
@@JD-hs7ib I hear you and believe me when I say I agree more than you know in regards to illegals....But that's a whole different topic...
As a general rule, anytime a pleasure craft is being boarded by the CG, it is being inspected to ensure that specific, required safety equipment and documentation is on the boat. They cannot come aboard and dig through drawers or in coolers or under boat seats willy nilly in the hopes to find something to bust you for unless they have a solid reason to believe you are smuggling drugs or migrants or something like that. If they ask for a life jacket (or fire extinguisher, horn, etc) and you can produce it, then you're good to go. If it does come down to a suspicion of drugs etc, then very rarely does the boarding officer make the decision to press on. It usually requires a call to his CO who in turn calls some Admiral somewhere to OK seizing the boat for a further search. Any local sheriff or police officer that ride along must operate under the parameters of 14USC89 and generally only come along to check fishing licenses and for drunk boaters. Although the CG has a tremendous amount of authority, the boarding officers have a fairly strict set of guidelines and checklists they follow that minimizes abuse of said authority.
If you really want to have your 4th amendment rights abused, then go and fly a commercial airline. TSA takes control of your property, x-rays it, takes everything out of your backpack and digs through it, makes you take off clothing to inspect beneath and inside them and can hold you against your will if they want to. That, to me, is an illegal search and seizure.
It’s a Safety Check. Get a safety check from the Coast Guard Auxiliary then you get a sticker for your boat. When the Coast Guard see’s that your good to go. It’s all about YOURS and OTHERS safety.
You may want to consider getting a coast guard auxiliary safety sticker just shows the coast guard axillary is inspected your boat for safety. I know back in my day as a coast guard boarding officer if I see that there's a bunch of guys on a boat and had that auxiliary sticker I just make sure they had enough life jackets for everybody
Thank you for an excellent video. You were ready to defend the 4th amendment...thank you. I have worked in the marine world for my entire life. I have never and I mean never, met a USCG troop who did not maintain the best of professional and legal decorum. Every encounter I have had with the USCG was an exceptional experience. They have saved my ass on three occasions and have assisted me on a dozen other situations. Again, thank you for an excellent video and a kind support of out Coast Guard Troops...well done.
Love the peconic bays. Commute for work sometimes from hb to eh and always stop to fish along the way
OKay here is the basic laws for you
"The U.S. Coast Guard Boarding Policy: ... The U.S. Coast Guard does not require a warrant to conduct search, seizures, arrests over any United States Waterway or high seas. The U.S. Coast Guard also have full legal law enforcement power on any land under the control of the United States, as needed to complete any mission"
So they can board you if they want to if you are in their mission area , which is anywhere in international and US Waters
Its a safety check to make sure you have all the equipment required
um ok sure thing
I have sailed up and down the eastern coast of the US in my travels to and from other countries.and have only even found the Coast Guard to be extremely professional and friendly. We boaters need to always be thankful they are there to save us when we need it. What better reference could they come with, they have all my respect.
chris scott I agree!
I got boarded off the Cali coast Mossdale, and CG treated us like we were criminals. I have 33' Grady and they did their safety check sign me off, then still wanted to check any inch, I told them they were done get off, then one ask me what my problem was and I gave him an ear full of you showed no respect and will get no respect so get, they left but could have search the whole boat, but I think they were embarrassed. But your boarding was pretty respectful, and we do need the safety checks because some people just think it's a party on the water and end up in trouble and you have to help them ruining everyone's day. Be safe and knock'em dead thanks for listen and the upload.
In all fairness, you gave them permission to board your vessel. It made for a great video, they seemed to me, to be super professional, and makes me proud that they are guarding our seas!
Eric Eckert agreed - they were a great group - honestly, this is the third or 4time I’ve been pulled over the past few years and this has been my experience each time
Look bud I get it. I hate to be bothered when out on the boat fishing. I was boarded last summer which took about 20-25 mins and had me pissed off because the fluke action was hot. On the other hand these guys have a job to do and when you need them they are there. Again they are always pretty cool and I’ve known a few guys that probably would not have made it if the coast guard didn’t show up to there mayday call
Fissues Dan - we are on the same page :)
Amen to that brother!
Good video and good discussion. Let me first be open in that I served in a capacity as a USCG Boarding Officer and the second part of that is I never wanted anything to do with performing law enforcement duties. My interest was in the search and rescue side of the business, but the LE aspect was a part of the cost of admission.
I won’t get into the legal stuff, mostly because I don’t get off on any of it. I’m an American first and value my freedoms and liberties which means I respect the laws that secure them, but doesn’t mean I don’t disagree with some of them.
On to my comment...one thing to note with the USCG when they are out conducting boardings, they are flying the flag and being seen to create a presence. This is a much different approach to much of the policing you see nowadays from other agencies where they provide no presence and lay in wait to write citations...traffic operations is a good example. How often do you see the patrolmen making themselves visible and creating a presence? Rarely it seems. The other side of the coin is that these inspections really do help preserve the safety of the boating public, but is intended to be an opportunity to build relationships with the boating public and educate. That work hopefully will help to avoid a messy, dangerous SAR call that almost always comes in the worst conditions where lives tenuously hang in the balance.
Note that I speak only for myself and not the USCG, nor for those I served alongside, me and me only. I’ve lost more than one good friend on a few of those calls and each of those were completely preventable, but like the rest of us that took the oath, that’s the risk we all agreed to.
Thanks for tackling this discussion in such a respectful and thoughtful approach. All of the best...
Spot ON!!! I served USCG 76-80, BM2, SAR Station Oregon Inlet, Gru Cape Hatteras. We too rarely boarded, we only did so after a SAR case. We would go on board and review documents and safety equipment and gear. Most of the vessels we SAR'd were fishing vessels, both commercial and party(charter). 90% were squared away. We would only board vessels that seemed dubious or doing something stupid. As far as the 4th Amendment, the USCG enforce laws pertaining to the sea and waterways, so they can come on board any vessel in US waters, at any time, 14 USC 89 pretty much explains it.
John: I couldn’t hear the audio clearly but it sounded like CG asked for permission and in turn you consented to the boarding and the search. If that is correct, there is no unreasonable search issue.
They just do that to be polite. They don't even have to ask technically.
coast guard has sweeping permission to board any vessel at any time when ever they want even without a warrant
The coast guard doesn’t need permission to board you lol, it’s just a courtesy. If you say no they’ll board you anyway.
I have been out on waters since 8yrs old to now born in 1960 have always been boarded and as long as YOU keep within the rules of whatever you are doing you should have no problem with the coast guard or fisheries boarding they are their for all people to protect and keep everyone to their limits of what they are doing and catching and as people say on here respect and you shall get respect keep current on everything you have on your boat and make sure your crew also shows respect it is up to you to handle your crew be safe out there and enjoy
In J-bay the coast guard literally jumped on our boat without any warning or saying who they were because they thought we were illegally commercial fishing because we were netting bait
When was this
To all and B Stav - 1) title 24 section 89 (1790) which was an Internal Revenue Services Act is 2) at odds with its predecessor 31 section 581 Tarrif Act of 1922....3) and 19 USC 1581(a)(1982) (Note this more recent date)....4) .and its intent was never to violate private citizens or property, 5) further 28 USC 453 oath of offices, 6) article 4, and 2A “anything in contradiction of fundamental protections the US Constitution prevails”, 7) further still : 16 million private boats since this 1790 8) 1790 enactment’s main purpose was to collect tariffs on cargo vesssels entering US waters (COMMERCIAL VESSELS) - 9) 1790 “enactment” was originally intended for COMMERCIAL PURPOSES .......10) and now government has once again OVEREACHED and infiltrated (like “drivers license”) into PRIVATE Americans inherent guaranteed and protected rights , 11) there seems NO LAW SCHOLARS who support suspicion-less searches, 12) NO ACT OF CONGRESS CAN AUTHORISE VIOLATIONS OF CONSTITUTION, 13) No degree of public safety may circumvent the inherent unalienable guaranteed protections of the US Constitution, 14) NOTE : the MOST recent US Supreme Court decision 1980 US v Williams - Justice Alvin B Rubin “ the shield against unreasonable searches DOES NOT RUST ON EXPOSURE TO SALT AIR.”
15) Of note: most US Supreme Court cases in this matter have been brought by drug dealers.....the 1980 case is telling regarding PRIVATE property /boats........and finally : 16) no act of Congress can authorize a violation of the Constitution. 17) NO REASONABLE JAG OFFICER would argue these FACTS of law, inherent protections, against their oath of offices.......should they make the mistake - I am happy to litigate the matter with the fine officer of our armed service toward an outcome consistent with their own intended purpose .........
It bothers how easily someone allows these rights to be violated - at the very least these boaters should have SHUT UP and exercised their 5th -
Jags - I am open to rebuttal - however you Board my private boat without articulable probable cause of a CRIME - looking to write “tickets” for the enjoyment of a right see Shuttlesworth v Birmingham and Murdock v Pennsylvania - your going to find the matter In The court along with your officers - and if you convert the exercise of my right into a crime or punishment - you may find personal liability without immunity for operating under color of law without jurisdiction........
Rebuttals welcome
I agree with you 100% they got a job to do that nobody respects the only time they want to see them is when they need them.
I learned a long time ago with anymore enforcement agency a little respect goes a long wayEspecially when you have nothing to hide.
Respect works both ways
The Supreme Court has ruled that the 4th Amendment does NOT apply "at sea". Coast Guard can board at any time, without probable cause.
William Kenney good stuff
William Kenney so what if they decide it doesn't apply to land anymore? Then what?
@@Jimlovescock what if?
We board for safety inspections. Anything after that is a cuase of reasonable suspicion
Yep, they can board you and do what they did, was very respectful on both sides of the aisle. It looked more like a training scenario for them. I’m sure that prepares them for a more serious situation. But also part of that training is to harden their abilities, has you been out of date on even just one flare their training regimen would have required a ticket be handed out and if you argued, a hostile environment would have been created by them. But that’s all just training and being prepared for the unexpected
Had a nice interaction and they were nice guys. Doing their jobs. It can be a really annoying experience at times but everyone was so good about it that it became more like a team effort. And there was no disruption.
I was a Boarding Officer for the Coast Guard from 89-92. While the Fourth Amendment may protect the citizen, law abiding or not, from the threat of an “unwarranted” search, that protection ceases once the citizen is on a vessel. The Coast Guard has sweeping authority (14 USC 89) to board any vessel (subject to the jurisdiction of the United States) at any time, any place. It does not require a warrant. It does not require probable cause. This is covered by 14 USC 89. U.S. Courts over the last 200 years have consistently validated the right of the Coast Guard to board and inspect vessels, probable cause or not. It's just easier to comply with the team and get it over with.... make everybody's day easier. (I just wonder if they still use the 4100 forms)
I don't think you have any idea all of the things and reasons that the coast guard board each vessels I don't know but they are there for each country's safety.
Safety is important! Would it be better to have to go thru a yearly inspection off water with a sticker yearly?
They use to give us a sticker to put on the boat so we wouldn't be bothered all the time, do they still do that?
The CG Aux gives you a sticker if you pass their inspection which is free and they can not issue any citations if you fail. If the regular CG sees the sticker they will likely pass you by to hit another boat.
The Coast Guard has every right to board for a safety inspection. They are the only agency that has that right. That is all these professionals were doing. You should Thank Them for they may have just saved you life. Semper Paratus.
Are you kidding me? That's ALL they're doing? For your protection..? So if they see automatic weapons or illegal drugs they're not going to do anything? Hmm. don't kid yourself. They're looking for ways to ruin your life... under the guise of 'safety'.
FULLY AGREE.... ALSO USCG AUX!! SEMPER PARATUS!!!
You handled that boarding perfectly
You know I'm not on the laws side breaking the fourth amendment, but boats as with vehicles all require licensing not only for the vehicle or boat but and/or the driver. Whenever you deal with licenses for anything you usually find that the laws provide these licenses are not our right but rather a privilege assuming we agree and continue to obey the rules we agreed to when we signed for said licenses. Part of the rules for these licenses usually includes cooperating with law enforcement and providing ID Etc. Thus The Rules of Engagement are not so much the Constitution but rather than the contractual contract you made when you signed your license. Anything not covered by licensing rules and regulations could then possibly fall back to the 4th amendment or other laws and statutes of the state. So as I see it when you're in a boat or a vehicle the only way you can completely fall back on the 4th amendment is if you claim Sovereign citizen status where you wouldn't need any license which as I know it hasn't proven to be a legitimate or reasonable working premise.
You were lucky the DEC wasn't with them, it would have been longer, too chatty too.
I went in the Coast Guard in 1968. A lot has changed since then, you can never be too careful. Their are a lot of JERKS, on the waters. LOL. I would love to check your boat out. I'm sure they mean well. At my age all I want to do is go fishing. Life is good. Fish on.
diceman220 they were actually very nice!
I think like you said, it was very reasonable, they're very respectful and professional, and they also make sure that you're up to spec and safe (showing you your flares were about to expire. some other boardings have simple things like they recommend bright color PFDs like you have instead of black PFDs, so in case of man overboard / search and rescue you stand out against the dark water). Overall, great. Especially considering 14 minutes out of a full day of fishing is all it takes.
If you want to avoid the typical boarding safety inspection, then take your boat to the nearest CG office and get the once a year inspection and sticker, then on the water just point to the sticker and they wave and leave.
Every year the Taxpayers spend several hundred$million on Coast Guard services to save people on the water. More than half of those incidents and lives lost could have been avoided had the boat owners been responsible and completed the yearly inspection they would have known they needed to upgrade their safety equipment.
Complain all you want, but when your ass is flailing in the water with your boat going down and your children scared shitless freefloating in the ocean with sharks, and the Coast Guard rescues you, you'll be baking them cookies for the next 10 years, thanking them for their $20 Million dollar Helicopter and Awesome Team that saved your ass.
I've always considered this the norm. Never even thought it to be a violation of my constitutional rights. However, the more I think of it, I can see why people may think it is. If this were your car, motorcycle, home...etc. pretty much anyone would feel violated. Hey, you've been boarded, should be all set for next season now. Wave that yellow paper and they should turn off.
I'm sure people feel the same way about seat belt checks, DUI checkpoints or when big trucks get pulled over by state police so they can get their logs checked and safety equipment checked. People keep give DNR, Park rangers, CG, CBP etc crap for ENFORCING the laws of our land but lets go back to day one. Who started all this? Who hands down the laws they enforce. Don't shoot the messenger.
I can certainly understand the argument of 4th amendment violations but they aren't searching for criminality. It seems to me this is nothing more than maritime safety checks and compliance.
The Coast Guard doesn’t need a warrant for a search and doesn’t need a reason to board your vessel. I was a Coast Guard boarding officer for 4 years. They are looking out for your safety. BTW, this was not a search but a safety inspection. The boating community is lucky having the a Coast Guard around. They save countless lives each year. And if you have any questions about the laws they enforce look up 14 USC 89. There is also a phone number on the bottom of your boarding sheet you can call.
What I think your fire extinguisher needs to be readily accessible.
Your life vest are cheap Walmart. You’re going to want the best if an emergency happens.
You should have more like 10 flares not three. You’re going to want 100 when your motor doesn’t start and the night falls..
Everyone does what you’re doing until you gain experience.
For the boarding: they do the same in Florida. They’re just looking for money.
Thanks for the vid.
Fair points!
What's the problem? When there's an emergency caused by a boater that doesn't know s-it about boating they move into action. The taxpayers pay for this and they don't have a boat. It's a safety issue and they risk their lives. You're lucky you live in this country as a boater. I sold my boats years ago when I reached a certain age and felt I needed to. Good luck and enjoy the water.
Extremely professional and very extremely friendly. Coast Guard is there to help and protect us all..I salute them😎
F- Off
There needs to be a one time inspection while the boat is on land and have a transponder or like a prepass that the boat and all paperwork is all in order where you won’t have to be boarded where the CG can receive your boat information from a distance
The U.S.C.G. is part of our homeland security force, (TSA), as well as acts as the fifth arm of our military. I have been boarded in the past to ensure my vessel is in compliance with established law and to minimize the probability of a small issue becoming an emergency. I commend the Coast Guard for their service and shout out a big "Bravo Zulu" for their actions. I also crewed small craft for the U.S.N. for 5 years and you wouldn't believe the safety issues and pure idiocy that is seen daily by our uneducated boating public. Everybody ought to take a Coast Guard course on rules of the road on U.S. waters before getting behind the console of a boat!!!!
You would think something like that would be required in order to get your boat registration or whatever.
I'm more pissed that you didn't have the song in the beginning of the video.
Dale Hawk hahahahaha! Line of the day!!!!
If you just get a Coast Guard inspection at the beginning of the boating season. They give you a decal to put on your boat and you never have to worry about being boarded.
I guess it's called the land of the free, not the seas of the free...:) We need more fishing videos for the winter, keep 'em coming ;)
JustDigIt that’s awesome! Yeah, still have a couple in the queue (fluke) and headed to Florida to visit my sis and hope to get some footage while I’m there :)
I see absolutely noting wrong with the boarding of the United State Coast Guard. They are doing there job keeping the boating safe and fun for all. And for the ones who a problem with that are the ones who are calling the USCG for help.
I don't need to be kept safe. At a point of a gun 2 way to take control
Guess they thought you were jerks 🤣 jk Happy fishing 🎣and hopefully less boarding in your future. Next video. 😁
They did a very professional job! Not unreasonable at all. They asked and were given permission to come aboard. And there was one violation they overlooked. Actually registration certificate is require to be aboard, no photocopies or laminations.
JayMTB Mountain Biking I had it aboard too. Agree on their respect and professionalism
Most offensive part of the stop was the Sweeney short joke, I'm sure him and I would see eye to eye..lol. Legitimacy of the boarding aside, I welcome it. East end boating may not have the volume of reckless, uninformed dangerous boaters as we have up island. I enjoy seeing the Coasty presence.
There are necessary evil and there to help they're there to write you tickets and people want to be cuddled by the government
Your on the water in u.s waters that puts you under the maritime act and they have the right to board and serch your boat thats why you have all the boats paper work on the boat
Absolutely no issues here; USXG is out there to ensure our safety and security, boarding any boat for a safety inspection is in our best interest. We call them when we have an emergency to come and save us, END OF STORY! By the way those guys were great, professional anf did a terrific job!
As a boater you would think a CG boarding is a crock of crap and shouldn’t happen. But no. The reality is you NEED to make sure have all the right safety equipment and it is all up to date because when you are out on the water it is just you God and the boat and only one of you can react in an emergency if you have the right tools. Boat safe and fish like a mother. .....
Tom LaRue well said!!
The Coast Guard doesn't need your permission to board your boat its been that way for a very long time. They don't need probable cause nor do they have to believe your about to commit a crime, technically it's not a search it's a safety inspection if you resist you can get into big trouble. If you have weapons on board tell them they won't freak out unless you do. The Coast Guard is usually very respectful and professional. A friend of mine got into an argument with a harbor patrol cop over spices that his wife had on board for lunch because he gave the cop a hard time about stoping and boarding the boat that cost him thousands of dollars in legal fees he won the case but it still cost him. just a word of advice Don't bring poppy seeds on your boat... I guess his wife has some spices premixed in a ziplock baggie to put on top of a salad that had poppy seeds in it and it tested positive for illegal drugs and it went downhill from there..
When you step off the dock on to a boat you fall under the CFR code of federal regulations
You may refuse state and local law enforcement but not federal
do you think the Constitution does not apply to federal officers? This statement makes no sense.
Is this code of federal regulations mentioned anywhere inthe federaly written us constitution.or just another law since written that impinges on our constitutional laws
@J Calhoun to tell the truth.i dont give a fuck who wrote the laws .for the us to claim the right to board any vessel at anytime anywhere on any ocean in the world(high seas or internstionsl waters) is not the actions of a free and just nation period.the us is forcing thier ideals and way of life as well as a system of taxation on every man woman and child on earth with the exception of a small few who of course have been label as evil.
they have there shit together so good mucho bueno
For them to board is to educate and make sure you have the proper equipment it comes handy when a tragedy happens. They risk their lives to save people.
Hernan Contreras agreed!
The Coast Guard’s primary law enforcement authority is derived from 14 USC 89 (made law in1949) which states in part, “The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of the laws of the United States for such purposes, commissioned, warrant and petty officers may at any time go on board of any vessel subject to the jurisdiction, or to the operations of any law, of the United States, address inquiries to those on board, examine the ship’s documents and papers, and examine, inspect, and search the vessel and use all necessary force to compel compliance . . .”
While the Fourth Amendment may protect the citizen, law abiding or not, from the threat of an “unwarranted” search, that protection ceases once the citizen is on a vessel. The Coast Guard has sweeping authority to board any vessel (subject to the jurisdiction of the United States) at any time, any place. It does not require a warrant. It does not require probable cause. Boardings need not be based on a suspicion that a violation already exists aboard the vessel. Their purpose is to prevent violations and the courts have upheld this authority. Also, the Coast Guard has full legal law enforcement power on any land under the control of the United States, as needed to complete any mission. 14 USC 89 has its roots in the Revenue Service Act of 1790 which provided “all collectors, naval officers, surveyors, inspectors and the officers of the revenue cutters . . . to go on board ships in any part of the United States . . . for the purposes of demanding manifests . . . examining and searching the said ships, and the officers shall have free access to the cabin and every other part of the vessel . . .” This statute was passed by the first Congress, the same Congress that enacted the Bill of Rights, including the Fourth Amendment with its guarantees for citizens to be secure against unreasonable searches and seizures. By enacting the Revenue Service Act, the first Congress showed unequivocally that the Coast Guard’s significant law enforcement authorities to board and search a U.S. flag vessel anywhere in the world, as well as vessels intending to call on U.S. ports, were consistent with the Fourth Amendment.
U.S. Courts over the last 200 years have consistently validated the right of the Coast Guard to board and inspect vessels, probable cause or not.
Plainly stated, when it comes to Coast Guard boarding, you don’t have any rights. As stated by Capt. Rasicott and CDR Cunningham in their article found in Proceedings, Summer 2009; “There are two main ways to board a vessel - either with permission, or without.”
Vessel operators should know that to refuse permission for Coast Guard personnel to board may subject them to a penalty of $500. Forcibly resisting is a felony punishable by up to ten years in prison and a $10,000.00 fine.
Found this on a law firm's website. Great explanation to those of you who want to piss and moan about the United States Coast Guard and their duties once you decide to take to the water:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Amendment IV, U.S. Constitution, ratified 12/15/1791.
The Fourth Amendment to the U.S. Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was written in direct response to British general warrants which empowered British law enforcement to search virtually any home, at any time, for any reason, or for no reason at all.
The Coast Guard’s primary law enforcement authority is derived from 14 USC 89 (made law in1949) which states in part, “The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of the laws of the United States for such purposes, commissioned, warrant and petty officers may at any time go on board of any vessel subject to the jurisdiction, or to the operations of any law, of the United States, address inquiries to those on board, examine the ship’s documents and papers, and examine, inspect, and search the vessel and use all necessary force to compel compliance . . .”
While the Fourth Amendment may protect the citizen, law abiding or not, from the threat of an “unwarranted” search, that protection ceases once the citizen is on a vessel. The Coast Guard has sweeping authority to board any vessel (subject to the jurisdiction of the United States) at any time, any place. It does not require a warrant. It does not require probable cause. Boardings need not be based on a suspicion that a violation already exists aboard the vessel. Their purpose is to prevent violations and the courts have upheld this authority. Also, the Coast Guard has full legal law enforcement power on any land under the control of the United States, as needed to complete any mission. 14 USC 89 has its roots in the Revenue Service Act of 1790 which provided “all collectors, naval officers, surveyors, inspectors and the officers of the revenue cutters . . . to go on board ships in any part of the United States . . . for the purposes of demanding manifests . . . examining and searching the said ships, and the officers shall have free access to the cabin and every other part of the vessel . . .” This statute was passed by the first Congress, the same Congress that enacted the Bill of Rights, including the Fourth Amendment with its guarantees for citizens to be secure against unreasonable searches and seizures. By enacting the Revenue Service Act, the first Congress showed unequivocally that the Coast Guard’s significant law enforcement authorities to board and search a U.S. flag vessel anywhere in the world, as well as vessels intending to call on U.S. ports, were consistent with the Fourth Amendment.
U.S. Courts over the last 200 years have consistently validated the right of the Coast Guard to board and inspect vessels, probable cause or not.
Plainly stated, when it comes to Coast Guard boarding, you don’t have any rights. As stated by Capt. Rasicott and CDR Cunningham in their article found in Proceedings, Summer 2009; “There are two main ways to board a vessel - either with permission, or without.”
Vessel operators should know that to refuse permission for Coast Guard personnel to board may subject them to a penalty of $500. Forcibly resisting is a felony punishable by up to ten years in prison and a $10,000.00 fine.
The unfettered search authority by the Coast Guard has its merits, especially in a world where random acts of terrorism are a constant threat and smuggling of illegal drugs into the U.S. is rampant. Supporters also point out that “the government certainly has a vital interest in ensuring vessels on the high seas are safe, seaworthy, and properly documented.” See Constitutional Barriers to Smooth Sailing; 14 U.S.C. 89(a) and the Fourth Amendment by Megan J. Knight. Indiana Law Journal Vol. 72, Issue 2. In her article, Ms. Knight recognizes the inherent conflict between the U.S. citizen’s expected right to privacy and 14 U.S.C. 89, and suggests that these vital interests, however “should not be advanced at the cost of sacrificing the constitutional freedoms of law abiding seafarers.”
However, if you are expecting the Courts to reverse decades of decisions finding that 14 U.S.C. 89 searches are not in conflict with the Fourth Amendment, forget about it. In today’s society where everyone is subject to mandatory searches without probable cause every time you board an airliner, enter a government building, state or federal, or major sporting event, the power of the Coast Guard to search any vessel at any time is not going to be fettered. It will take an act of Congress and that will never happen.
Thank You B Stav. I am a retired Coast Guardsman, and couldn't have explained it better myself.
@@kevinpeppel4331 my pleasure! Thanks for keeping us safe on the water! Merry Christmas brother!
It’s a safety inspection, not a search of your boat. Much like many states that have car inspections. That will not and should not change.
That's big brother getting in your business when there is no cause... I say fuck the government, and "they do not have permission to board"!!
I have been inspected many times over the years for a basic safety inspection if I wasn't doing anything wrong. My boat is only 14 ft long jonboat so they don't board. I show them my registration, fishing license and that and safety equipment. They say thank you, have a nice day and leave. Ive owned boats for 30 years. They've always been polite professional and courteous. Other law enforcement could learn a lot by observing a USCG boarding
The coast guard does these inspections so that they can educate the public and make it safer. It’s not fun for them to wake up to a call at 3 in the morning to some guy who flipped his boat and didn’t have a lifejacket or the proper gear so instead of saving someone, it’s another body recovery or man lost at sea. It takes a toll on em.
I’m retired coast guard. The uscg doesn’t need permission to board your vessel.
Thank you for your service. Hopefully, you saw in my video that I agree with you
This was not an unreasonable search and seizure. It was a routine boat inspection and had nothing to do with looking for contraband.
Wethepeoplevoted@gmail.com, ,,,,,,, wrong they opened every door and cubby to look in
It looked like a very normal stop they and you were both polite and civil the way it should be the Coast Guard has the right to board to check out the boat they are checking out safety equipment and paper work for the boat with all the illegal drugs and guns coming in by boat they put themselves on the line every time the board a boat I thought they and you acted very professional
@Chester Smith this is a matter maritime law that gives them the right to board and inspect the vessel and it's paperwork
I got boarded a few years back, my sons and I just put a new gas tank and lid on my 25 foot aquashit. They go thru that same routine ever time, I have 2 fire extinguishers on board and they are easy to get to, one officer asked why 2, I said why not. Then my older son started braking balls, he said pop, you smell gas, well that did it, they could't get off my boat fast enough, made my son and I get into their boat towed us to my home port in Milford ct.all the time waiting for my boat to explode ,Milford fire department was waiting for us , they sniffed my boat and found nothing wrong, turns out it was the new fiberglass my son smelled, but he knew that , was just looking for a reaction , well he got it. Coast guard said you need to have the boat inspected, no problem, it passed with flying colors. My take is, let them do their job.
The USCG has any and all authority to board any vessel.