blackbart
Well-Known Member
- Joined
- Feb 15, 2011
- Messages
- 651
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- 82
+1 this is news to me also.
x2 me too
+1 this is news to me also.
Everything is within reach in a mini.
That was probably the guy we passed with someone pulled over going down river with the stern light not working. He already had someone stopped on AZ side, but guess he could have finished up before you got there.
I was at Elsinore.........far cry from a vacation, but get what you mean. Learned my lesson.Never let the CG Aux take up any of your time. Nothing good can come of it. You are on vacation and they are wasting your time. They are volunteering their time and usually want to BS with you about stuff you already know (since you learned it on RDP). If they try to flag you down, wave back and leave. On the ramp, tell them you are busy.
My vacation time is worth a lot! I work my ass off for it.
All in all, I think this a complete bullshit. I don't mind cops on the water at all. In fact I wish they would pull over more morons that are horrible boaters. But it seams like they don't really care about that as much as getting $ for possible Duece's
Problem is, they pull you over for 0 reason just to get you to blow. I am worried about them pulling me over, stopping me in the middle of the river, when I don't have a lot of freeboard and another boat can sink me if I am not proactive about it.
I rarely have a beer now if I am driving due to the fact that they are currently booze Nazi's. :thumbsdown
Yep, my boat still bears the gouge from their boat contacting mine in Parker. Hauled me onto their boat for a dui inspection and left my wife and her friend on our boat with zero operator experience. He wouldn't let me beach it. I was worried about my wife getting swamped and sinking, or worse, getting hit by some moron not paying attention while they were left to drift.
They didn't get their dui they wanted so bad and everytime I see that scratch, or threads such as this, brings up feelings about that day and I am reminded why I don't like LE.
Brian
The day I get pulled over by them, my exact words will be the following:
"I don't want my boat to sink, nor get scratched. I know you guys are trying to do your job, but lets cut the bullshit. Give me your POS Breathalyzer now so we can get the show on the road and I can get on my way to keeping my boat safe n sound
Can you refuse a LEO permission to board until he removes his big black boots? Honest question.
The day I get pulled over by them, my exact words will be the following:
"I don't want my boat to sink, nor get scratched. I know you guys are trying to do your job, but lets cut the bullshit. Give me your POS Breathalyzer now so we can get the show on the road and I can get on my way to keeping my boat safe n sound
Ain't going to matter RG,
When I boarded the patrol boat he pushed my boat off with his boot.
Must feel good to be a complete dick.
I feel sorry for that guy's wife, dog, or kid.
How do they know you woudn't throw their breathalizer in the drink?
Are you fucking kidding me? I'd blow up with him pushing my boat away if I had someone in my boat that doesn't know how to run in. I'd be beyond livid
If I ever get pulled over, I will have someone turn the voice recorder on their phone
Can you refuse a LEO permission to board until he removes his big black boots? Honest question.
I'd raise hell if they damaged my boat or put my passangers in danger of being pushed off with 0 knowledge how to run a boat. Try my best to have as much evidence as possible and try my best to get them to start being actual cops and not booze Nazis to make a buck
The day I get pulled over by them, my exact words will be the following:
"I don't want my boat to sink, nor get scratched. I know you guys are trying to do your job, but lets cut the bullshit. Give me your POS Breathalyzer now so we can get the show on the road and I can get on my way to keeping my boat safe n sound
Never heard the throwable must be with in arms reach?
I sit on mine. It allows me to see over someones head if they are riding in the bow and if I need it I have it right under my ass.
Yes you have to let them board. and as far as the Type IV being "Within Arms Reach" is NOT IN THE AZ or CA LAW. The law says readily accessible. Another Over Aggressive Cop IMO!
Fourth Amendment to the Constitution: The right of the people to be secure in their persons, houses, papers, and effects,[a] against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.[2]
Damn it. I thought we had an understanding with 5.0.
We wouldn't act like a jackwagon (at least in their presence) and we wouldn't be subject to the B.S. safety inspection.
This is B.S.
At any rate, thought I would add this:
Fourth Amendment to the Constitution: The right of the people to be secure in their persons, houses, papers, and effects,[a] against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.[2]
I was younger and naive, I had no idea I could submit for damages, or had any recourse against the officer. I just took my lumps and never went back.
Less bullshit at Mead anyway.
Brian
Damn it. I thought we had an understanding with 5.0.
We wouldn't act like a jackwagon (at least in their presence) and we wouldn't be subject to the B.S. safety inspection.
This is B.S.
At any rate, thought I would add this:
Fourth Amendment to the Constitution: The right of the people to be secure in their persons, houses, papers, and effects,[a] against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.[2]
Fourth Amendment does not apply to your boat: http://www.sailfeed.com/2012/10/coast-guard-boardings-and-your-fourth-amendment-rights-part-1/
So when are you coming back? :thumbup:
Its called freedom, liberty, and individual rights, some of the basic principals on which our country was founded. The right for law abiding citizens to live their lives free from government harassment and tyranny. Our freedoms have been beat back consistently. When will it stop?
Fourth Amendment does not apply to your boat: http://www.sailfeed.com/2012/10/coast-guard-boardings-and-your-fourth-amendment-rights-part-1/
Damn it. I thought we had an understanding with 5.0.
We wouldn't act like a jackwagon (at least in their presence) and we wouldn't be subject to the B.S. safety inspection.
This is B.S.
At any rate, thought I would add this:
Fourth Amendment to the Constitution: The right of the people to be secure in their persons, houses, papers, and effects,[a] against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.[2]
Since you can Google the 4th Amendment, how about searching further for "the rest of the story":
Vessel Searches .--Not only is the warrant requirement inapplicable to brief stops of vessels, but also none of the safeguards applicable to stops of automobiles on less than probable cause are necessary predicates to stops of vessels. In United States v. Villamonte-Marquez, the Court upheld a random stop and boarding of a vessel by customs agents, lacking any suspicion of wrongdoing, for purpose of inspecting documentation. The boarding was authorized by statute derived from an act of the First Congress, and hence had ''an impressive historical pedigree'' carrying with it a presumption of constitutionality. Moreover, ''important factual differences between vessels located in waters offering ready access to the open sea and automobiles on principal thoroughfares in the border area'' justify application of a less restrictive rule for vessel searches. The reason why random stops of vehicles have been held impermissible under the Fourth Amendment, the Court explained, is that stops at fixed checkpoints or roadblocks are both feasible and less subject to abuse of discretion by authorities. ''But no reasonable claim can be made that permanent checkpoints would be practical on waters such as these where vessels can move in any direction at any time and need not follow established 'avenues' as automobiles must do.'' Because there is a ''substantial'' governmental interest in enforcing documentation laws, ''especially in waters where the need to deter or apprehend smugglers is great,'' the Court found the ''limited'' but not ''minimal'' intrusion occasioned by boarding for documentation inspection to be reasonable. Dissenting Justice Brennan argued that the Court for the first time was approving ''a completely random seizure and detention of persons and an entry onto private, noncommercial premises by police officers, without any limitations whatever on the officers' discretion or any safeguards against abuse.''
Several State Appeals Court decisions have upheld the same provisions on inland waterways, including a Texas case which upheld the warrantless boarding of vessels on a sole-state lake. (A lake that is completely within the state. Think Elsinore) While those decisions have no ruling over CA, NV or AZ, it, and the other cases, would be used as precedence if a challenge were to be filed here. So far every court has upheld the warrantless stop and inspection of vessels on the waterways.
If you want some interesting reading, read the Texas case here:
http://www.txcourts.gov/All_Archived_Documents/ccaInformation/opinions/152999a.htm
And the entire Colorado River from Utah to the Mexican Border (including Mead, Mohave, Powell, Havasu, and all sections of River) is a Federal Navigable Waterway, due to it bordering 2 or more states, and has the ability to facilitate interstate commerce.
Since you can Google the 4th Amendment, how about searching further for "the rest of the story":
So we are a nation will laws just like most other civilized nations. How would you like your police to work? Wait for something to happen, respond, write a report and then attempt to solve the crime? No proactive policing at all? No crime prevention? Just at the ready to roll in after the fact and pull out a pen?
You might not be aware but on a daily basis, all over this great nation there are literally thousands of contacts by police with all kinds of people. Most of these contacts that are of the enforcement type dont always end up in a ticket or arrest. The cops give a warning and use the contact to educate. Many of the folks are truly law abiding citizens that made a mistake.
I think that is the idea behind these safety inspections. No city, county or state is making any windfall amount of money off of fines. The only folks getting paid are the criminal and civil attorneys.
There are always so many internet tough guys (not accusing you) that talk about how they wouldn't do this or let the cops do that. Same guys couldn't tell you anything about the bill of rights or what amendment that protects us from unreasonable search and seizure. AND they are almost always the guys that let the cops do their job and move along.
These boat inspections just like DUI checkpoints have been litigated top to bottom in our courts, including the supreme court, which has been very liberal for some time.
I have had some interaction with boat cops and fish cops over the years. I am polite and let them do their job. I ask them questions when I have one. These contacts have been positive. No issues for me and none for them. I received a warning one time for some minor equipment issue.
Sounds like the OPs buddy was let go with a warning. It just sounded like he wondered why they stopped him in his 100k tin can. Your expensive boat or car does not prevent the cops from stopping you in these situations.
Before you complain about the laws, ordinances and court decisions, educate yourself on why some of them exist. Know something about our bill of rights and its amendments. This is a free society, so exercise your right to vote!
Yes. I expect law enforcement to treat me as though I'm innocent, unless I am guilty of a crime. Thank the leftist power mongers for methodically destroying the Constitution and making it ok for many in the populous from being independent responsible citizens
Well Dave, I suspect we may disagree on this, but it is the righties who are behind the police state and expansion of police powers as well as the eroding of the 4th, 5th and 6th amendments. I am fairly confident that most of those protesting police actions are not righties.
Yup. We do disagree.
Well then, I guess the ACLU, who is one of the top litigants, by suits filed, against police powers and defending the 4th, 5th and 6th amendments in the US, is now an organization of the "right".