Hypothetical Boarding Issue

C

captcraig

Member
Joined
Jun 4, 2007
RO Number
26632
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Either at anchor or running, when you are approached by law enforcement and they announce, prepare for boarding, do they have to state the cause or reason prior to boarding?

I would think that once they are on board, they can do almost anything they wish. But if questioned prior to boarding they could be denied access, or at least required to stay on reason.

Just thinking out loud
 
Around here (San Francisco Bay) it's wise to assume that you will be boarded at any time. The Coasties can board for nothing more than a safety inspection (a good thing), and Fish & Game can board as well -- just to make sure you're playing by the rules. My understanding is that you have nothing like the rights on your boat that you do in your home, so don't count on it.
 
This varies by state and local laws. USCG does have the right to board for any reason. In MD, though, all local LE must have "probably cause".
 
CG doesn't need a reason so how would asking them change anything? You need to educate yourself on the history of boardings, which is rich in history and goes back quite a ways too.
 
If maritime authority announces the they are about to board you, you should thank them for the courtesy of actually announcing it...

Above comments appear to be correct: USCG may board you. I do not believe a reason is required; we have ceded that right to them. ALL other authorities must act within their enforcement authority. BUT I would always consider it wise to react favorably and promptly when so demanded by legitimate authority. Hesitation, or attempted rebuffs are likely to make the encounter much more tense, and will increase the level of risks. DO what the nice police officer asks, and if what they did bothers you, complain after the fact to the enforcement authority and/or through the courts. "Resistance is futile".

Keep in mind that if you are about to be boarded the reason is likely one of two situations: They are boarding "everybody" to make sure you have that trash sticker placed in open view or b) for some reason, your actions match all or part of the profile of someone they will likely consider armed and dangerous. And while I am sure there are many more possible reasons, the two given should cover a large portion of boardings. Do you really want to disturb the "peace of mind" of someone who is seriously concerned that you might just have a loaded shotgun nearby and a bad attitude? Until you are PROVEN friendly, anything you do to increase tension is a seriously bad idea.

Imho.
 
quote:
Originally posted by Radioactive

Keep in mind that if you are about to be boarded the reason is likely one of two situations: They are boarding "everybody" to make sure you have that trash sticker placed in open view
Click to expand...


Slight correction: There is no requirement that the MARPOL trash placard be placed in open view.
 
Law Enforcement (46 USC 2302)

A vessel underway when hailed by a Coast Guard vessel is required to heave to or maneuver as directed so as to permit a boarding team to come aboard. Other federal, state, and local maritime law enforcement officials may also board and examine your vessel, whether it is numbered, unnumbered, or documented. U.S. Coast Guard law enforcement personnel work with and may also be found aboard other agencies' enforcement vessels.
The U.S. Coast Guard may impose a civil penalty for failure to, but is not limited to:

Comply with equipment requirements.
Report a boating accident.
Comply with other federal regulations.
Comply with Navigation Rules.

Termination of Use (46 USC 4308/33 CFR 177.05)

A U.S. Coast Guard Boarding Officer who observes a vessel being operated in an unsafe condition, and determines that an especially hazardous condition exists that cannot be corrected on the spot, may terminate the vessel's voyage and direct the operator to return to port. The Coast Guard may also tow the vessel back to port, board the vessel arrest the operator, and Coast Guard boarding teams may operate the vessel back to port.

Termination for unsafe use may be imposed for but is not limited to:

Insufficient life jackets or life saving devise, insufficient wearing of the life jacket or life saving devices
Insufficient fire extinguishers
An overloaded vessel. (Any vessel exceeding its U.S. Coast Guard indicated weight or persons on board limit. Even if you are under the limit for persons on board, if your vessel exceeds the weight limit you will be directed to return to port. The Coast Guard may direct you to a port of shore for a weight check of your vessel.)
Improper display of navigation lights
Improper ventilation of fuel tanks and engine spaces.
Fuel leak or accumulation of fuel in bilges.
Inadequate or missing backfire flame control.
Operating in regulated boating areas
In the thirteenth USCG District: Idaho, Montana, Oregon, Washington operating in times of predetermined adverse conditions may result in being directed to return to port and/or criminal fines
An operator who refuses to comply with any directions of a U.S. Coast Guard Boarding officer or U.S. Coast Guard Auxiliary Safety Patrol vessel to terminate the unsafe use of a recreational vessel can be cited by a Coast Guard boarding officer for failure to comply with a federal agent or obstruction of justice. They may also be in violation that was the basis for the specific termination order. Violators maybe fined up to $1,000.00 USD and/or imprisoned for up to one year.
 
quote:
Originally posted by captcraig

Either at anchor or running, when you are approached by law enforcement and they announce, prepare for boarding, do they have to state the cause or reason prior to boarding?

I would think that once they are on board, they can do almost anything they wish. But if questioned prior to boarding they could be denied access, or at least required to stay on reason.

Just thinking out loud

Click to expand...


Hypothetically you wont have time. The storm troopers will already have guns drawn. The bow mounted .50 cal will be painted on your wife and kids. They will take the boat by brute force if they have to.

Once on board, they will ransack everything and anything on board. Cut your cushions, toss your lockers inside out. Probably even siphon your fuel for their own.

All the while, your wife and kids will be covered by heavily armed agents, with their mouths and eyes duct taped and hands zip tied behind their backs.

Your only hope is to arm yourself and take cover behind your bow mounted Honda EU 2000 generator.

Believer me its true. Its true. I read it on the internet.
 
quote:
Originally posted by In the know

quote:
Originally posted by captcraig

Either at anchor or running, when you are approached by law enforcement and they announce, prepare for boarding, do they have to state the cause or reason prior to boarding?

I would think that once they are on board, they can do almost anything they wish. But if questioned prior to boarding they could be denied access, or at least required to stay on reason.

Just thinking out loud

Click to expand...


Hypothetically you wont have time. The storm troopers will already have guns drawn. The bow mounted .50 cal will be painted on your wife and kids. They will take the boat by brute force if they have to.

Once on board, they will ransack everything and anything on board. Cut your cushions, toss your lockers inside out. Probably even siphon your fuel for their own.

All the while, your wife and kids will be covered by heavily armed agents, with their mouths and eyes duct taped and hands zip tied behind their backs.

Your only hope is to arm yourself and take cover behind your bow mounted Honda EU 2000 generator.

Believer me its true. Its true. I read it on the internet.

Click to expand...


While all of the above is true (at least here on Narragansett Bay) I am worried that you may be spending too much time on the internet ;-)
 
quote:
Originally posted by In the know

quote:
Originally posted by captcraig

Either at anchor or running, when you are approached by law enforcement and they announce, prepare for boarding, do they have to state the cause or reason prior to boarding?

I would think that once they are on board, they can do almost anything they wish. But if questioned prior to boarding they could be denied access, or at least required to stay on reason.

Just thinking out loud

Click to expand...


Hypothetically you wont have time. The storm troopers will already have guns drawn. The bow mounted .50 cal will be painted on your wife and kids. They will take the boat by brute force if they have to.

Once on board, they will ransack everything and anything on board. Cut your cushions, toss your lockers inside out. Probably even siphon your fuel for their own.

All the while, your wife and kids will be covered by heavily armed agents, with their mouths and eyes duct taped and hands zip tied behind their backs.

Your only hope is to arm yourself and take cover behind your bow mounted Honda EU 2000 generator.

Believer me its true. Its true. I read it on the internet.

Click to expand...


Okay, you had me for a second there...
 
Hmmm, and some say ITK doesn't have a sense of humor....or was that any sense. I'm always getting these things mixed up. <G>
 
OK, I read the regs as posted,,,,they all refer to underway.
What is the USCG, or any LE for that matter, position on boarding a vessel while in it's home slip whether an owned dockominium or a marina leasehold?

Curious as a liveaboard.
 
USCG acting as customs agents have almost unlimited power within border regions which I believe is up to 100 miles from any border. That includes on land or sea. There is a case before the supreme court to establish when a docked boat becomes a home that may have some relevance in the future but for now if within the border region probable cause is not required since everyone is assumed to be a smuggler.
 
"since everyone is assumed to be a smuggler."----------------- Guilty !!!! I smuggle beer to my boat every weekend. (dry county)
 
ITK:

Am I required to turn off the Honda EU2000 if they tell me to, or can I keep it running?

Gene
 
quote:
Originally posted by Comogene

ITK:

Am I required to turn off the Honda EU2000 if they tell me to, or can I keep it running?

Gene

Click to expand...

If they board from downwind it would be attempted murder!
 
quote:
Originally posted by Comogene

ITK:

Am I required to turn off the Honda EU2000 if they tell me to, or can I keep it running?

Gene

Click to expand...
When someone with a gun tells you to do something, you better just do it. Unless you have a bigger gun.
 
"Unless you have a bigger gun."

Never assume the bigger gun wins. Usually it's the first round on target that determines the winner. Basic rule of thumb, don't fight fair.
 
quote:
Originally posted by Comogene

ITK:

Am I required to turn off the Honda EU2000 if they tell me to, or can I keep it running?

Gene

Click to expand...


Unchartered territory here. I emplore in you to be a leader here, leave it running. Depending on the outcome, we may need to go to the Supreme Court, but this is worth the good fight.
 
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