Striper Talk Striped Bass Fishing, Surfcasting, Boating - View Single Post

wdmso · 06-22-2022, 04:52 PM

Found this , Learning something new every day

The Fourth Amendment Rights vs. Boarding Power of the United States Coast Guard

https://mblb.com/admiralty-maritime/...s-coast-guard/

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.

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.
Posted from my iPhone/Mobile device

06-22-2022, 04:52 PM	#10
wdmso Registered User Join Date: Jun 2012 Location: Somerset MA Posts: 9,370	Found this , Learning something new every day The Fourth Amendment Rights vs. Boarding Power of the United States Coast Guard https://mblb.com/admiralty-maritime/...s-coast-guard/ 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. 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. Posted from my iPhone/Mobile device Last edited by wdmso; 06-22-2022 at 05:24 PM..