Captain Robert Lucas, aboard S/V Aquitaine, has sent us a very interesting idea about a strategy that cruisers might employ when their vessel is boarded by Law Enforcement. The Salty Southeast Cruisers’ Net neither endorses nor takes issue with the strategy set out by Captain Lucas. All we will say is that it’s certainly interesting!
I’m linking to the full article below, as it is lengthy.
I tried this and it worked.
Took about fifteen minutes of discussion, but the officer, after making three phone calls, said he was not authorized to sign any document. He wished me a “good day” and left.
Captain Robert Lucas
BRAVO! and bravo again! I always wondered just which bureaucrat or politician gave up our Fourth Amendment rights regarding unreasonable search. My guess is that printers are humming already (if you’ve got one aboard). I hope we can find some more results of this tactic!
S/V Blue Skye
In checking the regs, I found:
Coast Guard may go aboard any United States vessel at any time, anywhere to conduct a documentation and safety inspection.
A search of a U.S. vessel beyond this type of inspection is subject to limitations under the United States Constitution. If a search extends beyond this narrowly defined scope, a court may be asked to evaluate the legality of the search by balancing the individual’s right to privacy in the specific circumstances of the search against society’s interest in detecting criminal conduct.
Cpt. Lucas does not state which authority he is re. to…
USCG, FMP, county?? Presumably it’s th CG but… I am reasonably sure that Cpt. Whitney is correct in his assessment. Still, just the novelty of being presented with such a doc. might cause enough confusion w/ officer on the scene and higher-ups to make them pause. I do think, though, that this would certainly be useful in the case of boarding by auth. other than CG. No lawyer I, but seems reasonable. Imagine what would happen if everyone demanded the signing of such a doc. every time some auth. wanted to board a vessel.
Gov’t. of the people…by the people!!!!
Dr. W. W. Waldrope