Interesting Strategy When Your Vessel Is Being Boarded by Law Enforcement Personnel
Claiborne,
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
S/V Aquitaine
Bradenton, FL
VESSEL BOARDING AGREEMENT
The Fourth Amendment (Amendment IV) to the United States 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, “The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures shall not be violated….”
Search and arrest should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it.
In Mapp v. Ohio, 367 U.S. 643 (1961), the Supreme Court ruled that the Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment.
In Katz v. United States, 389 U.S. 347 (1967), the Supreme Court ruled that the amendment’s protections apply only when the searched party has a “reasonable expectation of privacy”.
The Supreme Court has also ruled that certain searches and seizures violated the Fourth Amendment even when a warrant was properly granted.
Oath of Boarding Officer:
I ______________________________, acting as an officer of _________________________
assert that I have probable cause to board the vessel _________________________________ for the following reasons:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
I accept responsibly, under law, that this boarding is necessary and does not violate the protections of the fourth amendment to the constitution of the United States of America and the statutes of the state of _______________________.
I waive all legal rights to defense of this boarding that the Captain of this vessel may raise under law.
_________________________________________, Boarding Officer
As agent of ________________________________
Boarding is:
Granted _______ , ________________________________ , Captain , Date :_______________
Denied ________ , ________________________________, Captain, Date: _______________
Fourth Amendment -Vessel Boarding Agreement
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!
Capt Mike
S/V Blue Skye
Captain Lucas:
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.
Captain Whitney
I printed it. We’ll see!
Kevin R. Quinn
Certain officials have standing search warrants. The Coast Guard does indeed have a standing warrant for the purpose of determining the seaworthiness of a vessesl for the intended purpose(voyage). A fire fighting offical has a standing warrant to enter a building for the purpose of fighting a fiire and for rescue purposes. Why would we need to ask any official to sign anything? Just ask them for the warrant that they have!! If it is a standing warrant, they must still provide proof. If they do not have a court approved warrant, deny the boarding!
Thomas P. Sangston
Comments from Cruisers (2)
Looks like more heavy-handed FWC policing, this time with a man being shot after he was 8 days late in paying a $73 citation for failure to remove an expired registration sticker (read for exact details):
https://thebluepaper.com/key-west-fwc-captain-shoots-liveaboard-on-his-houseboat/
Ava Boucher
Sorry to spoil everyone’s Sunday, but the following video about a Florida Fish and Wildlife captain shooting and nearly killing a boater is something we all need to see and respond to. Clearly, the situation in FL is out of hand. All of us as leaders in boating, in media and as leaders in the fight to preserve the rights of boaters – we need to respond to what is going on.
Even if you aren’t a Florida boater, or your business/area of responsibility doesn’t include Florida, many of those with whom you deal are, and they look to you to speak up on their behalf.
In addition to what is represented here in this video, we currently have several communities violating Florida statute 327.60 by enacting/enforcing illegal ordinances, creating permits to anchor, or seeking to create a no anchoring zone – à la Miami Beach. This is something I said several years ago would happen when the SSCA/AGLCA/MTOA capitulated on the issue and gave up the Sunset Lake, Venetian Blvd and Middle River anchorages in Fort Lauderdale.
Madeira Beach is the most recent new ordinance, and Jacksonville has been reportedly seeking a no anchoring variance from the State. There are other locations seeking restrictions, as we all know.
I recognize that this video doesn’t represent the entire story, but the situation in Florida is out of control. I understand that the individual who was shot has had ongoing issues with the FWC which involved tickets for non display of hull numbers. However, I very much doubt that an appropriate response by the FWC extends to shooting a man.
There are conflicting reports on this incident. That concerns me. We need to know the truth about what happened.
Regardless of what happened to this boater, the testimonies of the people in this video demonstrate that, even without this incident, there is a problem in Florida that needs addressing.
FWC does have a history of harassing boaters in the Keys as we saw some years ago in Marathon/Boot Key Harbor. A series of public meetings appeared to have resolved those issues, but I recall that the FWC Captain involved in this shooting was also involved in the problems in Marathon.
These problems involved overly aggressive enforcement and boats – with children aboard – being boarded at night with guns drawn for minor issues such as anchor lights.
I have asked Key West locals and others to contact me with further details on this video and its background and the people involved. I will update you as more information comes in. I have also contacted local media reporting on this story for further details and background.
Yes, I agree, a lot of these people such as the houseboaters don’t represent what we see as a boating constituency. Some of the boats are pretty marginal, and that’s being kind.
But local officials and wealthy waterfront homeowners, as we’ve seen too many times, lump all boats – derelict, transient, liveaboard and gold platers – in the same category and so we need to be concerned about these people. Their problems are, or will be at some point, our problem as Martin Niemöller so clearly showed us.
I have already spoken to several of you in Annapolis receiving this note about the need for a new organization separate from those now dealing with the anchoring issue. The approach we have used in the past is clearly not sufficient to the issues we need to deal with.
We’re not getting anywhere, we continue to go on defending – and losing – our rights.
I’ll expand on this new organization concept in a forthcoming email – in the meantime, this video will outline just how bad things have become and make clear why we need to act.
When police officers are boarding boats with guns drawn, with people being shot, we need to pay attention to what is going on.
I will close with this comment – we all must be more involved. We need to comment boldly on these incidents, we need to work together to deal with the problems in Florida, at every level. We need, most of all, to be proactive in finding solutions, not reacting constantly to problems and challenges that come up.
We need to create programs that educate the public about boating/landowner issues and work with communities to help them resolve their problems with derelicts and problem boats/boaters, show them alternative methods to handling boating/anchoring issues using laws currently in place, educate legislators at every level.
We need to work towards eliminating what are actually social welfare problems of people with substance abuse issues, mental health issues and just plain poverty issues who are choosing a boat as a place to live – as opposed to a cardboard box under a bridge.
Most importantly of all, we need to educate boaters so that these problems do not arise.
If we fail to do these things, the problems are only going to continue to go downhill, as well as migrate to other locations, as we’ve seen happening in Georgia. This battle has been ongoing for over 40 years in Florida – it’s time we took real steps towards ending it.
Please feel free to forward this email to other industry leaders you feel should be involved, and if you would, please copy me so I can include them in future communications on this issue.
I look forward to your opinions on this incident, and on how we need to proceed. Here’s the video:
https://thebluepaper.com/key-west-fwc-captain-shoots-liveaboard-on-his-houseboat/
Sincerely,
Wally Moran