Boarded by USCG

[tjshuler]

When bringing our 53 from Chesapeake Bay to Detroit about a year ago, we obviously had to go through the Welland Canal in Canada. Upon arrival in Canada the evening before we were to transit the canal, two Canadian Customs / Immigration people stopped by. They looked at the size of the boat and called for two more.

They were very nice. Even let the three of us top off our drinks and then we got to sit at the picnic table for an hour while they opened and removed every door/drawer/hatch/whatever. They put everything back together. I could hear one of them giving a "tour" to the young lass who was one of the four who had never been on a boat like ours before. That did annoy me a little, but what was I gonna say.

As they departed I exclaimed to one of them, "There are a lot of doors and drawers on that boat, aren't there"! He good naturedly agreed.

Returned to the USA after the Welland Canal. Tried to avoid going back to Canada, but could not find a slip our last night out so we had to stop in Leamington, ON. Was dreading having to go through all of that again. Since we had just been in Canada 48 hours before, they never bothered to stop by. I was a little surprised by that.

I have found that being polite and gentle humor goes a long way when the vessel is being inspected.

 

[MikeP]

I received a couple of private message questions - "Did they look for or ask about guns?" "Did they search the boat?"

They only asked about the specific items I listed and went with me to see them - placards, extinguishers, whatever. They did not search the boat and did not ask about firearms (or comment on visible bottles of alcohol in the galley). On the lower deck they did not go aft of the forward engine room doors.

 

[rsmith]

This! There is a CG station in Ft. Pierce 100 yards from my old marina yet, Homeland Security keeps their 39' Midnight Express and maintains an office at the marina. There are 2 Sheriff boats in that same marina and there is a City boat 1/2 mile away. FWC is a regular in the inlet too. The Sheriff and City do a good job of patrolling the crowds but for some reason, CG likes to go play cops. Homeland is heavily armed and pretty aggressive when they board boats. I have never seen them return to the dock with anyone...

The day HRS hauled the kids off the CG was sitting in the middle of FtP inlet directing random boats and directing them to tie up at the base for inspection. I've seen this done quite a few times over the years I've operated out of FtP.
The way the tide rips through the inlet it is a safer deal. Here's a tale for TV a buddy of mine got boarded there they got swept past the cut that goes to little Jims and ended up on the flats. The "coasties" left him there hi and dry then told him to call a commercial tower. Gota luv it.

 

[rsmith]

I received a couple of private message questions - "Did they look for or ask about guns?" "Did they search the boat?"

They only asked about the specific items I listed and went with me to see them - placards, extinguishers, whatever. They did not search the boat and did not ask about firearms (or comment on visible bottles of alcohol in the galley). On the lower deck they did not go aft of the forward engine room doors.

While you were chugging along at 6KTS and giving them the tour who was on lookout?
The day I watched the couple get hauled off I asked the OOD what the deal was. He told me that they have no means or authority to conduct sobriety tests other than visual assessment. If there is any indicationor admission of alcohol consumption by the vessel operator or ant one who "may" have been operating the vessel they turn them over to local authorities for breathalyzer or blood testing.

 

[Blaine Thorpe]

I received a couple of private message questions - "Did they look for or ask about guns?" "Did they search the boat?"

Every time I have been boarded, the first question they ask is if I have any guns on board.

 

[MikeP]

"While you were chugging along at 6KTS and giving them the tour who was on lookout?"

The Admiral - she was operating the boat at the time anyway so I was the official CG greeter and did my best bowing and scraping...apparently, based on the various horror stories...to good effect!

Or maybe my 101st Airborne Division hat helped me out...

 

[Rickysa]

Unwarranted boardings are archaic and should be abolished.

It's roots are found in the earliest discussions of the nation...

The same congress that passed the Bill of Rights passed the Revenue Service Act of 1790, which gave revenue cutters the right to search any vessel anywhere in US waters, and any US-flagged vessel anywhere in the world. Our fledgling nation was strapped for cash, and tariffs were the way to solvency. This was controversial even back in 1790, since many of our gripes against the British, as stated in our Declaration of Independence, had to do with tariffs (see Boston Tea Party). The crews of revenue cutters were allowed to board vessels to make sure they’d paid the tariffs on their cargoes

Since 1790 the Coast Guard has been shaken up, mishmashed, and passed around like a red-headed stepchild, but the Revenue Service Act of 1790 has only gone through minor changes.

all quotes from: http://www.sailfeed.com/2012/10/coast-guard-boardings-and-your-fourth-amendment-rights-part-3/

 

[Freeebird]

Your car, a vehicle, can't be searched without probable cause. "May I look in the trunk?"...say no, it works.

Yeah, it works... until the warrant arrives. The fact that you have been stopped for presumably breaking a law gives them probable cause. At least that's the way I understand it from watching Cops on TV.

Seems to me that if these boardings are purely about safety, an annual or even semi-annual inspection sticker would be in order. I mean seriously, if a boat passes such an inspection, how likely is it that the owner going to remove any of the crap which was necessary to pass the inspection in the first place?

They could charge a small amount for them after you have your vessel inspected, and it would save tons of wasted man hours on the part of the coasties. That being said, I think we all know it's not all about safety.

 

[rsmith]

"While you were chugging along at 6KTS and giving them the tour who was on lookout?"

The Admiral - she was operating the boat at the time anyway so I was the official CG greeter and did my best bowing and scraping...apparently, based on the various horror stories...to good effect!

Or maybe my 101st Airborne Division hat helped me out...

Damn cronieisim!lol yeah the WW11 hat works for my dad too!

 

[rsmith]

Yeah, it works... until the warrant arrives. The fact that you have been stopped for presumably breaking a law gives them probable cause. At least that's the way I understand it from watching Cops on TV.

Seems to me that if these boardings are purely about safety, an annual or even semi-annual inspection sticker would be in order. I mean seriously, if a boat passes such an inspection, how likely is it that the owner going to remove any of the crap which was necessary to pass the inspection in the first place?

They could charge a small amount for them after you have your vessel inspected, and it would save tons of wasted man hours on the part of the coasties. That being said, I think we all know it's not all about safety.

My daughter's a judge and issues search warrants all the time. For her and as she's told me most judges the threshold for issuing a warrant is fairly high. And it takes time. Unless you have a brick of coke laying on the passenger seat the cop isn't going to waste his time when he could be ruining someone else's day. Most of the idiots on cops get busted after they consent to a search. The other thing is while your waiting for the warrant start filming. Even if your not doing anything wrong there is always the danger of a rouge cop with a throw down bag of contraband that dosent like the way you part your hair.

 

[Freeebird]

My daughter's a judge and issues search warrants all the time. For her and as she's told me most judges the threshold for issuing a warrant is fairly high. And it takes time. Unless you have a brick of coke laying on the passenger seat the cop isn't going to waste his time when he could be ruining someone else's day. Most of the idiots on cops get busted after they consent to a search. The other thing is while your waiting for the warrant start filming. Even if your not doing anything wrong there is always the danger of a rouge cop with a throw down bag of contraband that dosent like the way you part your hair.

I recall a situation a few years ago where I was shooting video during such time the boat I was on was being stopped, and the first thing out of that officer's mouth was, "Turn off the camera". I've always been inclined to do what I'm told by a LEO, and this time was no exception.

If one encounters a "rogue cop", I'm assuming it's a damned if you do, and damned if you don't scenario. I've just always tried to be respectful and polite when dealing with LEO's, and so far, my record is squeaky clean.

 

[jim rosenthal]

I wonder if they would tell you to turn it off now, in view of recent events.

 

[Avenger]

You don't have to turn it off. Them telling you to turn it off is just an attempt to imtimidate you into voluntarily giving up your rights. Kind of like, "Do you mind if I look in the trunk?"

 

[Freeebird]

Well, let me put it this way. When it's not you they're really interested in, but you've had a couple of drinks, you just say "yes sir" and do as you're told. No need in both me and my friend sharing a cell with LaDongus.

BTW, that last part was an inside joke that "somebody" will get.

 

[Avenger]

There's never a percentage in antagonizing them. I'm just saying you don't have to. Just like the trunk search. If you have nothing going on you'll get home a lot faster if you consent to the search.

 

[tom5518]

There's never a percentage in antagonizing them. I'm just saying you don't have to. Just like the trunk search. If you have nothing going on you'll get home a lot faster if you consent to the search.

Maybe, but anyone I have ever known very well in law enforcement says to never consent.

 

[yachtsmanbill]

Well, let me put it this way. When it's not you they're really interested in, but you've had a couple of drinks, you just say "yes sir" and do as you're told. No need in both me and my friend sharing a cell with LaDongus.

BTW, that last part was an inside joke that "somebody" will get.

Just ask for a cell transfer; maybe with Ben, Ben Dover that is. He's the guy with the swastika on
top of his head. Here in TR theres a CG station and I always make face time whenever possible.
Today I was varnishing a mast and they laid along side in the RIB and we shot the shit for about 20 minutes. Had a few laughs and they left. They did ask if I was was ready yet for the AUX guy to
come by for the safety check/sticker and I told them not yet as I haven't done my OWN yet. Hmmm
That was good enough for them. It all depends on yer attitude and where yer at. ws

 

[Avenger]

It's a judgement call. Weeing off someone in authority for no good reason is rarely beneficial. OTOH, anything you say can and will be used against you. The guy stepping on your boat doesn't make the rules, but he has discretion, so it comes down to how minor/routine the stop is vs. you smell somebody on a power trip or looking to make a name for themselves, fill a quota, or you've had a few beverages, wife's corpse in the trunk etc.

In any or either case... always be unfailingly polite.

 

[saltshaker]

Yeah, it works... until the warrant arrives. The fact that you have been stopped for presumably breaking a law gives them probable cause. At least that's the way I understand it from watching Cops on TV.

Not true in NY. I was pulled over once for an illegal lane change and while one cop was questioning me by his car, his partner was going through my car. I did nothing wrong and had nothing to hide so I bit my tongue until they said I could go and no ticket was issued. I called the state police and explained what happened. I was told there was no probable cause for them to search my car. Even if I was traveling 100mph in a 55mph zone they couldn't search the car unless there was evidence of a more serious crime or something illegal was out in the open in the car.

 

[rsmith]

It's a judgment call at the time but if you give up your constitutional rights specifically the 4th amendment,you have stripped your attorney of any ability to defend you in court.