Does a Sheriff have the right to search my boat?

[Donttreadonme]

Just curious if a Sheriff has the right to search my boat any time he likes. This last Saturday the Sheriff pulled me over (Canyon Lake, Arizona) doing what he said was a safety check. He then proceeded to look all around my boat including under the hatches, seats and even opened my old gun case, which I use to house a first aid kit, out on the floor. I kept my mouth shut and he didn't find anything wrong and let me go, but does he have the right to do this without my permission? Doesn't he have to have probable cause or my permission? The lake is in the National Forest.
Thanks!

[Bow Tie Omega]

Just curious if a Sheriff has the right to search my boat any time he likes. This last Saturday the Sheriff pulled me over (Canyon Lake, Arizona) doing what he said was a safety check. He then proceeded to look all around my boat including under the hatches, seats and even opened my old gun case, which I use to house a first aid kit, out on the floor. I kept my mouth shut and he didn't find anything wrong and let me go, but does he have the right to do this without my permission? Doesn't he have to have probable cause or my permission? The lake is in the National Forest.
Thanks!
My understanding is that Sheriffs have jurisdiction anywhere in the county for which he/she serves. And the fact that you were towing something, probably makes his "safety search" legit. They pull over vehicles with trailers all of the time for just that. Best not to get into a pissing contest with a sheriff.

[Donttreadonme]

Sorry, I was on the water at the time driving the boat...

[Ziggy]

Safety search includes opening anything they want?????????:confused: :confused:
I thought it meant to make sure you have required lifevests, extinguiger(s) and safety related equipment required on a vessel. oh, and a sobriety test :)
Sounds more like this guy felt he was TSA.

[STV_Keith]

Call the Sheriff's office and ask your question. Once you get the answer, if it wasn't followed to the letter, make a complaint.
Boatcop would probably have the answer for you.

[andy01]

I don't see what the big deal is. If you have nothing to hide let them do a search, make sure you do have the proper safety equipment on board and move on. I know often it is to see if the driver has been drinking, but if you are a law biding person then who cares. If you have been drinking or have something you shouldn't on the boat then it is a good thing the Deputy made the call to stop ya. That is the way I see it.
Andy

[CARLSON-JET]

If he has a gun and you don't, it pretty much says he can basically do what he wants. It has been found that you are better to comply and then persue any complaint after the fact. In this day and age, probable cause has been thrown out the window for the most part. I'm sorry you felt violated.... It sucks.

[Captain Dan]

I don't see what the big deal is. If you have nothing to hide let them do a search, make sure you do have the proper safety equipment on board and move on. I know often it is to see if the driver has been drinking, but if you are a law biding person then who cares. If you have been drinking or have something you shouldn't on the boat then it is a good thing the Deputy made the call to stop ya. That is the way I see it.
Andy
You are definitely right, if you have nothing to hide, then there should be no complain. We all need to remember, however, that this is the United States of America and we have rights when it comes to unreasonable search and seizure - if the LEO are within the law in their search - so be it. If not, they need to be called on it. Just my 0.02

[Baja Big Dog]

I have the utmost respect for LEO...that said I have little or no respect for these guys that search MY property looking for "safety" item. This was bullshit and we all no it. Head in the sand or not this is typical. Got pulled over going in Park Moabi with a pontoon boat full of drunk M efers. I havent had a drink in over 25 years, an accomplishment I am proud of and IM told to take a Breathalyzer test. This is bullshit and I tell the fine officers to pound sand.
Well that doesn't go over very well, we have a Mexican stand off for 5 minutes or so and one of the drunk chick on the boat starts to mouth off to the cops about not having probable cause to pull us over...long story short they say to take the test or they will take the loud mouth to jail. I take the test and tell the little Water Nazi's to tell me the results, they declined....I then told them to take the test as I know they have all had a drink long after I had, they respectfully declined.
Oh yea, the reason for pulling me over...making a wake!!
Which we didnt, as I have gone in and out of the channel hundreds of times, and I know that this is a trap.

[Ziggy]

I don't see what the big deal is. If you have nothing to hide let them do a search, make sure you do have the proper safety equipment on board and move on. I know often it is to see if the driver has been drinking, but if you are a law biding person then who cares. If you have been drinking or have something you shouldn't on the boat then it is a good thing the Deputy made the call to stop ya. That is the way I see it.
Andy
No biggie, they just don't put the stuff away properly when they finish.......Its like having to repack your luggage at the airport...LOL
Inconvenience factor when your water time is limited anyhow can be frustrating. The kids wanna go tubing. :D

[Donttreadonme]

I don't see what the big deal is. If you have nothing to hide let them do a search, make sure you do have the proper safety equipment on board and move on. I know often it is to see if the driver has been drinking, but if you are a law biding person then who cares. If you have been drinking or have something you shouldn't on the boat then it is a good thing the Deputy made the call to stop ya. That is the way I see it.
Andy
Andy01,
The big deal is that I have rights, and so do you. I don't believe a Shariff has the right to do a complete search of my property with out cause. If you choose to give him permission, that is fine, but I didn't. I didn't cause a big fus because I knew I wasn't doing anything wrong and didn't have anything illegal on the boat. The problem that I have is that 10 jet skis were zipping around us breaking all sorts of laws and he busy searching my boat instead of enforcing laws, all while trampling my rights.

[ratso]

I don't see what the big deal is. If you have nothing to hide let them do a search, make sure you do have the proper safety equipment on board and move on. I know often it is to see if the driver has been drinking, but if you are a law biding person then who cares. If you have been drinking or have something you shouldn't on the boat then it is a good thing the Deputy made the call to stop ya. That is the way I see it.
Andy
Would you feel the same about a cavity search? After all, if you have nothing to hide... what would it matter?;)

[Strippoker]

Yes they have full right to board.After spending 7 years in the coast guard an boarding thousands of boats, I heard it all the time about why are they being boarded.

[ratso]

Yes they have full right to board.After spending 7 years in the coast guard an boarding thousands of boats, I heard it all the time about why are they being boarded.
I've never been boarded. They ask to see the proper safety equipment and I'm on my way. Anything over and beyond that, they're being a jackass.;)

[Boatcop]

The fact that the Lake is National Forest has no bearing on the Sheriff's Dept. Jurisdiction. Arizona Law gives Peace Officers jurisdiction to enforce Boating and other laws on any waterway in the state, including boundary waters and, in some cases, private waterways.
As far as searching your boat, there is what's known as the "Vessel Exception" to the 4th Amendment:
Supreme Court-US v Villamonte-Marquez. 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.''
Although this provision applies to waters open to the sea, state appeals courts have consistently upheld the authority of Marine/Boating Safety Officers to inspect and examine vessels.
That being said, the scope of the examination is limited to safety equipment, vessel or engine/drive ID numbers, mechanical systems (flame arrestor, ventilation, etc) and documentation (registration). Opening cabinets or hatches to look for PFDs or fire extinguishers is allowed.
If, during the examination for the above items, evidence of a crime is found, then a further search can be done without a warrant. As an example, if while getting the registration from the glove box, we see a crack pipe, we can then search the entire vessel for drugs.
Also if the operator or anyone on the boat is arrested, a search incident to arrest can be done. Keep in mind that all boating violations are, by definition, criminal and, even if the violator is issued a citation on the spot and released, he is still "arrested" and a search is permitted.
Now that's what statutory law says and case law has decided. In the real world, we should still have some probable cause or, at a minimum, reasonable suspicion before considering a search like you describe.

[ratso]

The fact that the Lake is National Forest has no bearing on the Sheriff's Dept. Jurisdiction. Arizona Law gives Peace Officers jurisdiction to enforce Boating and other laws on any waterway in the state, including boundary waters and, in some cases, private waterways.
As far as searching your boat, there is what's known as the "Vessel Exception" to the 4th Amendment:
Although this provision applies to waters open to the sea, state appeals courts have consistently upheld the authority of Marine/Boating Safety Officers to inspect and examine vessels.
That being said, the scope of the examination is limited to safety equipment, vessel or engine/drive ID numbers, mechanical systems (flame arrestor, ventilation, etc) and documentation (registration). Opening cabinets or hatches to look for PFDs or fire extinguishers is allowed.
If, during the examination for the above items, evidence of a crime is found, then a further search can be done without a warrant. As an example, if while getting the registration from the glove box, we see a crack pipe, we can then search the entire vessel for drugs.
Also if the operator or anyone on the boat is arrested, a search incident to arrest can be done. Keep in mind that all boating violations are, by definition, criminal and, even if the violator is issued a citation on the spot and released, he is still "arrested" and a search is permitted.
Now that's what statutory law says and case law has decided. In the real world, we should still have some probable cause or, at a minimum, reasonable suspicion before considering a search like you describe.
In other words, if EAZYKILLER's kids are out boating, they better bend over because it's coming lol...:D

[RiverDave]

Yes they have full right to board.After spending 7 years in the coast guard an boarding thousands of boats, I heard it all the time about why are they being boarded.
Actually I don't know about that.. Maybe the coastguard does while patrolling the coast for terrorists etc.. But I would think that a boat would fall under the same deal as a car? They need permission or probably cause?
Incidentally, we have those rights for a reason. It was becuase a lack of certain "inalienable rights" that our country was founded. It's not up to our government to tell us what is right and wrong. It is up to us to decide that, and for us to tell them how to enforce what is right. The instant they cross that line then they are no longer a government BY THE PEOPLE, FOR THE PEOPLE.. You catch my drift? Basically it's unamerican to an extreme. While this may seem like no big deal.. What Ratso said isn't that far off the mark? If they can do whatever they want, then what is to prevent them from literally doing... Whatever they want?
"Bend over sir."
RD

[ratso]

The fact that the Lake is National Forest has no bearing on the Sheriff's Dept. Jurisdiction. Arizona Law gives Peace Officers jurisdiction to enforce Boating and other laws on any waterway in the state, including boundary waters and, in some cases, private waterways.
As far as searching your boat, there is what's known as the "Vessel Exception" to the 4th Amendment:
Although this provision applies to waters open to the sea, state appeals courts have consistently upheld the authority of Marine/Boating Safety Officers to inspect and examine vessels.
That being said, the scope of the examination is limited to safety equipment, vessel or engine/drive ID numbers, mechanical systems (flame arrestor, ventilation, etc) and documentation (registration). Opening cabinets or hatches to look for PFDs or fire extinguishers is allowed.
If, during the examination for the above items, evidence of a crime is found, then a further search can be done without a warrant. As an example, if while getting the registration from the glove box, we see a crack pipe, we can then search the entire vessel for drugs.
Also if the operator or anyone on the boat is arrested, a search incident to arrest can be done. Keep in mind that all boating violations are, by definition, criminal and, even if the violator is issued a citation on the spot and released, he is still "arrested" and a search is permitted.
Now that's what statutory law says and case law has decided. In the real world, we should still have some probable cause or, at a minimum, reasonable suspicion before considering a search like you describe.
...which is what I was stating. With a name like Donttreadonme, you kinda wonder why he might have been searched. http://***boat.com/ubb/graemlins/idea_2.gif

[CARLSON-JET]

[QUOTE=Boatcop;2482304]
As far as searching your boat, there is what's known as the "Vessel Exception" to the 4th Amendment:
we should still have some probable cause or, at a minimum, reasonable suspicion before considering a search like you describe.
QUOTE]
Darn you B.C., there is no probable cause to bring in facts on Hot Boat. Only opinions, misconceptions, and poor information are allowed. :D :D
Oh yah, My sig again says it all. R.B.

[Coded-Dude]

663. Enforcement by peace officers; authority to stop and board vessels.
Every peace officer of this state or of any city, county, city and county, or other
political subdivision of the state shall enforce this chapter and any regulations adopted
by the department pursuant to this chapter and in the exercise of that duty shall have
the authority to stop and board any vessel subject to this chapter, where the peace
officer has probable cause to believe that a violation of state law or regulations or local
ordinance exists.
California Boating Law - as of January 1 2006
I've had "Safety Inspections" before, but the officer only asked to visually inspect my gear....they never actually boarded and proceeded with a full scale search.
Sounds unconstitutional.

[Jordy]

Darn you B.C., there is no probable cause to bring in facts on Hot Boat. Only opinions, misconceptions, and poor information are allowed. :D :D
Oh yah, My sig again says it all. R.B.
You did leave out assumptions and conclusions that were hastily jumped to. :D :D :D

[Boatcop]

Just as a side note, there are some situations, particularly in controlled access lakes, that have provisions similar to Military Installations, airports, sporting events, etc.
That provision is that entrance to the facility gives the authorities the right to stop and search your vessel or person. By voluntarily entering the facility, you have given consent to be searched.
Not saying this applies in your particular case, but it does happen. Make sure you read the fine print when paying any kind of entrance fee for anything.

[TahitiTiger]

I have to agree with everyone else, if you refuse to let him board he/she is going to get curious. Then you will have a problem :(

[dumbandyoung]

I don't see what the big deal is. If you have nothing to hide let them do a search, make sure you do have the proper safety equipment on board and move on. I know often it is to see if the driver has been drinking, but if you are a law biding person then who cares. If you have been drinking or have something you shouldn't on the boat then it is a good thing the Deputy made the call to stop ya. That is the way I see it.
Andy
Agreed, if you have nothing to hide or haven't done anything wrong just sit back and let them do their search.

[racecar.hotshoe]

when he bent over you should have giving him one of these............
http://www.i-55.com/ninvaderz/temp/_test_gallery_2/_g2data/albums/testing/shocker.jpg
:D :D :D :D :D

[CARLSON-JET]

You did leave out assumptions and conclusions that were hastily jumped to. :D :D :D
Ah, yes... I did not include the obvious. Thank you..
On a side note. your new siggy could use a peace sign imo. :D :D

[MRS FLYIN VEE]

as far as I'm concerned not that y opinion matters too much.:D
If you have nothing to hide, and you have all your equipment you are suppose to have for safety then what difference does it make,. They are checking for your safety and others safety who are out in the same waters as you..
If you had everything in order it shouldn't have been an issue with you.. let them do their job and move onto the next that may not have everything they should. What did you loose a 1/2 hour or so. no big deal.
It's better than losing a life or having an accident . Think about it. That is why they have safety classes for boating. SAFETY FIRST.
:)

[Baja Big Dog]

as far as I'm concerned not that y opinion matters too much.:D
If you have nothing to hide, and you have all your equipment you are suppose to have for safety then what difference does it make,. They are checking for your safety and others safety who are out in the same waters as you..
If you had everything in order it shouldn't have been an issue with you.. let them do their job and move onto the next that may not have everything they should. What did you loose a 1/2 hour or so. no big deal.
It's better than losing a life or having an accident . Think about it. That is why they have safety classes for boating. SAFETY FIRST.
:)
Then ASK!!!! Ill show them my fire equipt, and vest's. Dont search, nothing to hide or not, its just not right. If you think they are searching your boat for your safety your on crack, and I hope they dont find the pipe when you get your registration out.
Thats why I always keep my pipe up my but, they may find it but we will all have smiles on our faces!!:D

[Coded-Dude]

.... we will all have smiles on our faces!!:D
I caused a ruckas here at work laughing at that one! (cheers)

[CARLSON-JET]

The ramnifications involved here are far greater then just L.E. boarding a pleasure craft for "Safety".
The constitution that our forefathers enacted, fought and died for was never meant to stop me from tripping and scraping my knee.
I hope the folks who believe that erroding our rights away in the name of safety enlist in operation human shield, while the rest of us take back this government from the parasitic bafoons who feel the constitution is an order slip at Burger king.

[MRS FLYIN VEE]

Then ASK!!!! Ill show them my fire equipt, and vest's. Dont search, nothing to hide or not, its just not right. If you think they are searching your boat for your safety your on crack, and I hope they dont find the pipe when you get your registration out.
Thats why I always keep my pipe up my but, they may find it but we will all have smiles on our faces!!:D
:D like I said.. Not that my opinion matters..
:D

[Devilman]

Would you feel the same about a cavity search? After all, if you have nothing to hide... what would it matter?;)
LMAO, nice..... http://www.hotboatpics.com/pics/data/500/10158lmao.gif http://www.hotboatpics.com/pics/data/500/10158lmao.gif http://www.hotboatpics.com/pics/data/500/10158lmao.gif

[91nordic29]

The ramnifications involved here are far greater then just L.E. boarding a pleasure craft for "Safety".
The constitution that our forefathers enacted, fought and died for was never meant to stop me from tripping and scraping my knee.
I hope the folks who believe that erroding our rights away in the name of safety enlist in operation human shield, while the rest of us take back this government from the parasitic bafoons who feel the constitution is an order slip at Burger king.
EXACTLY!:mad:

[HavaSkank]

My boat was parked in the Channel last 4th of July weekend and our group of crazy bitches were holding up various whiteboards with scrawled messages, "THE BIGGER THE BOAT, THE SMALLER THE...." and "MY MOM THINKS YOU'RE HOT" and other silly sayings. No curse words, just good clean fun.
This old jackass Havasu Cop boarded my boat and instructed me to put the signs away. He claimed they were a "distraction" therefore he deemed them to be dangerous. Mind you there were two young girls with DD's and tiny bathing suits holding the whiteboards, however he failed to realize their tits were the obvious "distraction."
I tried to argue the signs were legal and that old bastard threatened to take me to jail! Over the freakin whiteboards! A group of younger cops hung out near my boat and explained this old kook has decided he will single handedly "clean up Havasu." They explained he is a radical born again nut-job and he's been citing women with pasties if their boobs are too big, claiming it's "indecent." WTF?
So if you see the old bastard on the quad, your women are safe as long as the pasties are covering itty bitty titties. If you've dollared up for a decent rack, beware.

[Eliminator 4 Life]

Just curious if a Sheriff has the right to search my boat any time he likes. This last Saturday the Sheriff pulled me over (Canyon Lake, Arizona) doing what he said was a safety check. He then proceeded to look all around my boat including under the hatches, seats and even opened my old gun case, which I use to house a first aid kit, out on the floor. I kept my mouth shut and he didn't find anything wrong and let me go, but does he have the right to do this without my permission? Doesn't he have to have probable cause or my permission? The lake is in the National Forest.
Thanks!
Well hell yes he does hes a SHERIFF

[Not So Fast]

In other words, if EAZYKILLER's kids are out boating, they better bend over because it's coming lol...:D
Whats the old saying, if it walks like a duck, talks like a duck then its probably, you guessed it, A duck! You're too funny Ratso;) :D NSF

[Boatcop]

The ramnifications involved here are far greater then just L.E. boarding a pleasure craft for "Safety".
The constitution that our forefathers enacted, fought and died for was never meant to stop me from tripping and scraping my knee.
Did you miss this part?
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.

[BoatPI]

In CALI ANY peace officer may search without a warrant ANY vessel, on the sea, land, trailer, etc WITHOUT a warrant. The two exclusions are
1. On private property, like on your driveway or garage, but OK in a storage facility or dock.
2. May NOT search the sleeping or living quarters.
That may also check ANY vessel repair shop, storage facility, boat garage, sales lot, as long as the business is open to the public (ie: during business hours).
See 9872 and 9842 of CA Harbor and Navigations code.

[lucky]

Just curious if a Sheriff has the right to search my boat any time he likes. This last Saturday the Sheriff pulled me over (Canyon Lake, Arizona) doing what he said was a safety check. He then proceeded to look all around my boat including under the hatches, seats and even opened my old gun case, which I use to house a first aid kit, out on the floor. I kept my mouth shut and he didn't find anything wrong and let me go, but does he have the right to do this without my permission? Doesn't he have to have probable cause or my permission? The lake is in the National Forest.
Thanks!
Do bears shit in the woods ?

[CARLSON-JET]

Did you miss this part?
No I did not miss that part. The first congress was set up to interpret and enact the constitution. Unfortunatly the constitution was being changed even at that point. MANY citizens were not happy with the preccedings nor the outcome. Interpritation is a fiunny thing.

[BoatPI]

And since we are discussing searchs, or intrusions.....
In CA and most states officers can search most vehicles based on "reasonable suspicion" including all containers in a vehicle, much less a boat. Courts continue to rule that vehicles, and at times vessels, are not protected by nearly any privacy issues that are involved in dwelling searchs.
Vehicles are movable, and often used as a means to commit crimes and transport stolen goods, drugs, etc. A smart educated officer can legally search most any vehicle if he/she develops reasonable suspicion, NOT probable cause. Just look at the dogs used today by LE to develop the standard for a vehicle search. RS is a much lesser standard needed.
Hell 20 years ago an officer needed a search warrant to open your briefcase in your car, NOT now if reasonable suspicion exisits. the final answer if any contraband found is admitted into court rests with the judge.

[ratso]

And since we are discussing searchs, or intrusions.....
In CA and most states officers can search most vehicles based on "reasonable suspicion" including all containers in a vehicle, much less a boat. Courts continue to rule that vehicles, and at times vessels, are not protected by nearly any privacy issues that are involved in dwelling searchs.
Vehicles are movable, and often used as a means to commit crimes and transport stolen goods, drugs, etc. A smart educated officer can legally search most any vehicle if he/she develops reasonable suspicion, NOT probable cause. Just look at the dogs used today by LE to develop the standard for a vehicle search. RS is a much lesser standard needed.
Hell 20 years ago an officer needed a search warrant to open your briefcase in your car, NOT now if reasonable suspicion exisits. the final answer if any contraband found is admitted into court rests with the judge.
We're talking about on a LAKE where this happened... Where is he gonna transport all these drugs and stolen goods? lmao...:D

[Coded-Dude]

um.....go up/down river?
You can basically go from the San Francisco Bay to Redding via waterways
(its about 200 miles north/south)

[roostwear]

So if they ASK if they can search, better not say no...... that's suspicious. :jawdrop:

[jammin]

The fact of the matter is THIS IS AMERICA and what sets us apart from other countries is the rights the Constitution grants us protecting our FREEDOMS to come and go as we please without the need to identify ourselves or be detained without REAL CAUSE, those that strive to drisupt and ignore those freedoms need to catch the first plane to some other stiffled country and practice there pitiful trade there.

[Phat Matt]

My boat was parked in the Channel last 4th of July weekend and our group of crazy bitches were holding up various whiteboards with scrawled messages, "THE BIGGER THE BOAT, THE SMALLER THE...." and "MY MOM THINKS YOU'RE HOT" and other silly sayings. No curse words, just good clean fun.
This old jackass Havasu Cop boarded my boat and instructed me to put the signs away. He claimed they were a "distraction" therefore he deemed them to be dangerous. Mind you there were two young girls with DD's and tiny bathing suits holding the whiteboards, however he failed to realize their tits were the obvious "distraction."
I tried to argue the signs were legal and that old bastard threatened to take me to jail! Over the freakin whiteboards! A group of younger cops hung out near my boat and explained this old kook has decided he will single handedly "clean up Havasu." They explained he is a radical born again nut-job and he's been citing women with pasties if their boobs are too big, claiming it's "indecent." WTF?
So if you see the old bastard on the quad, your women are safe as long as the pasties are covering itty bitty titties. If you've dollared up for a decent rack, beware.
I need to see some pics for proof. And not of the white boards. :D

[Boatcop]

We're talking about on a LAKE where this happened... Where is he gonna transport all these drugs and stolen goods? lmao...:D
Several years ago, when I was with the Coast Guard on Lake Havasu, we busted a 36' Scarab being used to transport marijuana and cocaine across the lake. We had a DEA tip that the boat was being used, to avoid the CHP and DPS on I-40 around the AZ/CA border. They'd load it from Havasu Landing, and then cruise across the lake, onto the trailer, and to a "drop" house in LHC.
Even though we were Coast Guard, with the broadest Stop and Search authority anywhere, we were asked to develop PC, just to make sure the case wouldn't be prolonged through appeals.
So what did we stop it for?
The CF numbers were bunched together with no spaces. Found several pounds of Coke and hundreds of pounds of MJ.
There have been other cases of floating meth labs on Mead, Mohave and Havasu. In the National Forest Lakes there's been cases of people using boats to tend and transport supplies and final product from marijuana plantations on remote public land, accessible only by boat.
A lot of you would be surprised what could be cruising past you, on your trip across the lake.

[BoatPI]

RATSO, believe me most anything has and can happen. Idiots spend their life dreaming of how to go around the system, and believing that they will never get caught. You might be shocked on how many guns are on boats out on the lake.

[racecar.hotshoe]

Yeah its on the bumper.......................:D
http://www.moviehole.net/img/cheechandchongupinsmoke.jpg

[boatnam2]

I don't see what the big deal is. If you have nothing to hide let them do a search, make sure you do have the proper safety equipment on board and move on. I know often it is to see if the driver has been drinking, but if you are a law biding person then who cares. If you have been drinking or have something you shouldn't on the boat then it is a good thing the Deputy made the call to stop ya. That is the way I see it.
Andy
so if you have nothing to hide it is ok if there search your house whenever they want.come on man its america not iraq!

[Coded-Dude]

You might be shocked on how many guns are on boats out on the lake.
Thats not illegal though is it.....I was under the impression that firing one round per minute is an OFFICIALLY recognized distress signal.

[ratso]

Several years ago, when I was with the Coast Guard on Lake Havasu, we busted a 36' Scarab being used to transport marijuana and cocaine across the lake. We had a DEA tip that the boat was being used, to avoid the CHP and DPS on I-40 around the AZ/CA border. They'd load it from Havasu Landing, and then cruise across the lake, onto the trailer, and to a "drop" house in LHC.
Even though we were Coast Guard, with the broadest Stop and Search authority anywhere, we were asked to develop PC, just to make sure the case wouldn't be prolonged through appeals.
So what did we stop it for?
The CF numbers were bunched together with no spaces. Found several pounds of Coke and hundreds of pounds of MJ.
There have been other cases of floating meth labs on Mead, Mohave and Havasu. In the National Forest Lakes there's been cases of people using boats to tend and transport supplies and final product from marijuana plantations on remote public land, accessible only by boat.
A lot of you would be surprised what could be cruising past you, on your trip across the lake.
Okay, I rest my case... since basically I don't have one... http://***boat.com/forums/images/smilies/00000001.gif

[ratso]

RATSO, believe me most anything has and can happen. Idiots spend their life dreaming of how to go around the system, and believing that they will never get caught. You might be shocked on how many guns are on boats out on the lake.
That is understandable... It just seems we lose more and more freedom on an all too consistent basis...:(

[DeltaSigBoater]

When I was 15 I got stoped by the US Coast Guard, about 1 mile off Huntington Beach in my 13' Boston Whaler.
I was never told why I was stopped, but I was asked (and did so) to come aboard thier boat. First thing the boarding party did what tear into my lifejacket bag, which was just a black trash bag duct tapeed around 4 PFDs.
From afar it looked like a large sispicious waterproof package, so I understand why I was stopped. After a few minutes and some quick questions I was let go.

[HavaSkank]

I need to see some pics for proof. And not of the white boards. :D
Matty, we even made the local Havi papers that weekend! Big color picture of us bitches dawned in our red,white and blue bikinis, Uncle Sam hats and decorated boats. It's framed and hangin' in my Havasu pad or else I'd scan it and show ya!

[Jbb]

Put the evidence in the car..........Junior......:D
http://www.***boat.com/forums/attachment.php?attachmentid=28038&stc=1&d=1175730284

[CARLSON-JET]

The fact that you are a sheriff
is not germane to the situation.

[Dribble]

I know often it is to see if the driver has been drinking, but if you are a law biding person then who cares. If you have been drinking or have something you shouldn't on the boat then it is a good thing the Deputy made the call to stop ya. That is the way I see it.
Andy
I care. Law enforcement has rules that they are supposed to follow. They certainly have right to check for safety equipment. That is their reason for doing stops to check for OUI. But in th absence of any other evidence, they have no more right to start snooping thorugh your closed compartments then they have to knock on you door and search your house at random. The purpose of the fourth ammendment is to protect citizens from unreasonable search and seizure. It needs to be followed in a manner that is consistent with what the courts have said is reasonable.

[Jbb]

The fact that you are a sheriff
is not germane to the situation.
You sounded...taller.. on the radio (http://www.garnersclassics.com/wavs/smokey/oneshit.wav)

[Jbb]

Boatcop orders lunch... (http://www.garnersclassics.com/wavs/smokey/diablow.wav):D

[Boatcop]

The fact that you are a sheriff
is not germane to the situation.
Actually, the fact that I'm a Marine Patrol Officer with a Sheriff's Office is very germain to the situation.
Someone asked a question. I answered it. I cited Statutory Law, Case law, and even United States Supreme Court decision. I do this, not to justify my own actions, but to diffuse rumor, inform the public, and to explain why and how things are done. If people are informed, not on just legal authority, but on boating and boating safety in general, it may keep people here alive and out of jail.
A lot of people on this board know me, have been stopped by me, some have even been arrested by my team.
It's not my place to critique, praise or condemn the actions of other Officers in the Marine Enforcement field. If they make it a habit to go beyond the authority that legislators and courts have empowered us with, it will catch up with them. If they are overbearing and officious, it will diminish their image, and that of their Departments, in the eyes of the boating public.
It is my place to make sure that the Officers under my oversight act in a way that is legal, within policy and will stand up to judicial review. It is also my place to make sure that while we are enforcing the laws, we do so courteously and with a purpose. That purpose being to reduce accidents on waterways within our jurisdiction. Don't just take my word on how we do things, just ask anyone here about their dealings with me or my team.
We don't have to come off like storm troopers to get the job done. We know what we have to do and we do it. And the fact that we have the lowest accident rate of all major waterways in the state, while being the 2nd most used, shows that we're doing it right.

[Kilrtoy]

We don't have to come off like storm troopers to get the job done. .
ALAN, can you please hold some inservice training foir the LHPD, as they feel that is the only way to deal with the public.

[Boatcop]

ALAN, can you please hold some inservice training foir the LHPD, as they feel that is the only way to deal with the public.
It's not my place to critique, praise or condemn the actions of other Officers in the Marine Enforcement field.
:p

[ratso]

ALAN, can you please hold some inservice training foir the LHPD, as they feel that is the only way to deal with the public.
LMAO...:D

[CARLSON-JET]

Actually, the fact that I'm a Marine Patrol Officer with a Sheriff's Office is very germain to the situation.
Someone asked a question. I answered it. I cited Statutory Law, Case law, and even United States Supreme Court decision. I do this, not to justify my own actions, but to diffuse rumor, inform the public, and to explain why and how things are done. If people are informed, not on just legal authority, but on boating and boating safety in general, it may keep people here alive and out of jail.
A lot of people on this board know me, have been stopped by me, some have even been arrested by my team.
It's not my place to critique, praise or condemn the actions of other Officers in the Marine Enforcement field. If they make it a habit to go beyond the authority that legislators and courts have empowered us with, it will catch up with them. If they are overbearing and officious, it will diminish their image, and that of their Departments, in the eyes of the boating public.
It is my place to make sure that the Officers under my oversight act in a way that is legal, within policy and will stand up to judicial review. It is also my place to make sure that while we are enforcing the laws, we do so courteously and with a purpose. That purpose being to reduce accidents on waterways within our jurisdiction. Don't just take my word on how we do things, just ask anyone here about their dealings with me or my team.
We don't have to come off like storm troopers to get the job done. We know what we have to do and we do it. And the fact that we have the lowest accident rate of all major waterways in the state, while being the 2nd most used, shows that we're doing it right.
BC, I think you took my comment all wrong. I was adding to JBB's Smokey and the Bandit theme.. just having fun.. :D ..
I actually have alot of respect for your posts and Imagine you are a good example of L.E. I'm sorry for not making my pun clearer. .. ;)

[ratso]

BC, I think you took my comment all wrong. I was adding to JBB's Smokey and the Bandit theme.. just having fun.. :D ..
I actually have alot of respect for your posts and Imagine you are a good example of L.E. I'm sorry for not making my pun clearer. .. ;)
Yeah!:jawdrop: Don't let it happen again!:D

[Boatcop]

BC, I think you took my comment all wrong. I was adding to JBB's Smokey and the Bandit theme.. just having fun.. :D ..
I actually have alot of respect for your posts and Imagine you are a good example of L.E. I'm sorry for not making my pun clearer. .. ;)
Thanks. I forgot about that line until I heard JBBs audio. :D
And Brian....... about lunch? Check HERE (http://www.boatcop.com/donuts.htm)!

[CARLSON-JET]

http://www.garnersclassics.com/wavs/smokey/possum.wav
I said nothing....

[ratso]

So not only does Boat Cop think he is god....the Supreme Court agrees with him....we are all dooooomed:D
ROTFLMAO!:D

[Troy McClure]

I don't see what the big deal is. If you have nothing to hide let them do a search, make sure you do have the proper safety equipment on board and move on. I know often it is to see if the driver has been drinking, but if you are a law biding person then who cares. If you have been drinking or have something you shouldn't on the boat then it is a good thing the Deputy made the call to stop ya. That is the way I see it.
Andy
Man, you're crazy, that is the worst defense for a situation such as this, that really irks me.
"Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety."
A Great man said that, guess we know what you deserve.

[steve d]

Boat cop.........
If they found a gun in the gun case..............What are the ramifications??
Thanks.....steve

[Boatcop]

Boat cop.........
If they found a gun in the gun case..............What are the ramifications??
Thanks.....steve
In Arizona, none. It's perfectly legal to carry a firearm as long as it, or the holster is visible, or if it's in a case or scabbard.
California may be a different story.
I don't have to worry. I'm triple protected by state law, HR 218 and a valid CCW permit.

[Boatcop]

So not only does Boat Cop think he is god....the Supreme Court agrees with him....we are all dooooomed:D
What's the difference between Cops and God?
God doesn't think he's a Cop.
:D ;)

[Boatcop]

So not only does Boat Cop think he is god....the Supreme Court agrees with him....we are all dooooomed:D
At least I don't think I'm a Super Hero.
http://www.lac-bac.gc.ca/obj/t3/f1/nlc007831-v4.jpg

[whiteworks]

Is it legal to carry a sidearm while on the water of the colorado river?
If so is it legal to be sipping a beer while driving a boat while carrrying a sidearm if you are not impaired in the slightest?:D

[steve d]

In Arizona, none. It's perfectly legal to carry a firearm as long as it, or the holster is visible, or if it's in a case or scabbard.
California may be a different story.
I don't have to worry. I'm triple protected by state law, HR 218 and a valid CCW permit.
So can you tell me what is the definition of legal if me and my boat are on the river?????????.......Arizona on one side Ca on the other.........steve

[Boatcop]

So can you tell me what is the definition of legal if me and my boat are on the river?????????.......Arizona on one side Ca on the other.........steve
It's a crap shoot. There is no California "side" or Arizona "side" on the water. As far as carrying a weapon, I think it's best to comply with the laws of the state you live in. California will enforce their laws on their citizens. Especially if the boat is registered there.
Something like this would be best asked of a California Officer who works the River.

[scooooter7]

God doesn't think he's a Cop.
:D ;)
That's because He is the Judge and the Jury!!

[boatnam2]

I dont know i never think as im loading the food and drinks to tell the wife to remember to grab the gun.Ofcourse i boat parker,i guess maybe if i was duck hunting i might bring a gun.

[BadKachina]

What's the difference between a fireman and God?
God doesn't think he's a fireman.
:D ;)
:D fixed it for you

[MRS FLYIN VEE]

I dont know i never think as im loading the food and drinks to tell the wife to remember to grab the gun.Ofcourse i boat parker,i guess maybe if i was duck hunting i might bring a gun.
LOL!! the only gun we have is the one Mr has between his legs.. and there are no more bullets. :D :D

[finsfan4life]

This is how I think it works (I am assuming its the same for boats/cars)...A cop can enter your boat to do a safety equip. check right. During that check if he/she comes across illegal contraband in plain view..Its good to go....
As far as opening compartments...Well it depends....Law enforcement searches is all about probable cause, reasonable suspicion, and probably the most important, articulation...The more experience the oficer has, the better he can articulate. Another factor is if anyone on the boat was on probation and/or Parole...if thats the case, boat is open game...
For example, lets say; while the officer was approaching the boat, he/she smells a scent of Marijuana or Alcohol (common with Raider fans). In that case an officer has the right to "search for the source"...
But remember boyz/girls, 99.9 % of the outcome is all about the "Attitude test"....
Finsfan....

[C-2]

LOL!! the only gun we have is the one Mr has between his legs.. and there are no more bullets. :D :D
That made me laugh out loud, well done. :)

[Kilrtoy]

:D fixed it for you
No I fixed it for you
What's the difference between a fireman and God?
God doesn't think he's a fireman,
YET
fireman seem to think they are gods

[Racey]

I don't see what the big deal is. If you have nothing to hide let them do a search, make sure you do have the proper safety equipment on board and move on. I know often it is to see if the driver has been drinking, but if you are a law biding person then who cares. If you have been drinking or have something you shouldn't on the boat then it is a good thing the Deputy made the call to stop ya. That is the way I see it.
Andy
If we all continue to be passive like that eventually all of our given rights are eroded away over time and eventually we are left to the mercy of law enforcement. Which is pretty much the direction it is headed right now.
From Just about every experencience i have had with cops up here in NV, common sense has been traded for authority, ticket quotas, and power trips. and I am just an average guy, don't break the law, stay in line. I'm sure it's like this other places too, many of these guys think its us vs them, they have forgotten that 90% of the people they encounter are law abiding and good citizens for the most part, and by most parts I mean the parts the count.

[Donttreadonme]

Thanks to all for your answers and thanks to Boatcop for the "real" answer!!
Thanks Again!!

[Sportin' Wood]

Anarchy Burger.... Hold the gov't.
This thread made me think of that song, Thats all.