Boat Cop (answers needed)

[Coach]

With the growing number of people on this board having run-ins with PWCers who don't have a clue, what can we do? Can Joe River goers follow the PWC that was doing __________________________ (you can fill in the blank) get the ID numbers and call the local authorities to conduct a citizenÂ’s arrest? We need to find a reasonable way to handle it with out letting it go. Scuba did the right thing by not letting his temper cause him to do something he might regret later. What can we do when it ends up being my word vs. their word type of situation?

[DerkintheJerk]

take a camera and take pictures or video take the dumbA$$e$ get their number and give that to the local authorities.
Or just have an open hunting season on PWC's
Get a local lake authority with a petition to ban the water lice/water roaches

[LHC30Victory]

For a citizen's arrest, the violation must be at least a misdemeanor, felony is very cool cause you don't need to do the citizen's thing, just be a credible (and supported) witness for the arrest to happen. That's the Cali version - how's it compare to the great(er) state of Az?

[LHC30Victory]

Oh yeah, you must be able to Identify the person who commited the act or omission. Just getting the ID numbers won't cut it.

[twistedpair]

Seems like there should be something they could do with film or video. When your car can get a ticket from a stoplight mounted camera, you would think some sort of precedent should have been set.

[Boatcop]

There is no such thing in Arizona as a "Citizen's Arrest".
If you supply information of a crime (which reckless operation is) and aggree to act as a witness, then we (the POlice) have probable cause to arrest. We may "cite and release" in lieu of jail, but can book them if we feel it's necessary or justified.
Photos or video is perfect. They can't defend against it. It's up to a judge to determine who's word to take. Remember since it's a crime, it needs to be proved "beyond a reasonable doubt". Video or photos are the perfect evidence. Why do you think so many Police vehicles have Dash-Cams?
But as LHC30Victory said, we need the operator positively identified. We can't take action against an inanimate object, and there's nothing in the law that allows us to impound or otherwise remove a vessel from the water, based only on what the operator did.

[MagicMtnDan]

Boatcop:
There is no such thing in Arizona as a "Citizen's Arrest".
If you supply information of a crime (which reckless operation is) and aggree to act as a witness, then we (the POlice) have probable cause to arrest. We may "cite and release" in lieu of jail, but can book them if we feel it's necessary or justified.
Photos or video is perfect. They can't defend against it. It's up to a judge to determine who's word to take. Remember since it's a crime, it needs to be proved "beyond a reasonable doubt". Video or photos are the perfect evidence. Why do you think so many Police vehicles have Dash-Cams?
But as LHC30Victory said, we need the operator positively identified. We can't take action against an inanimate object, and there's nothing in the law that allows us to impound or otherwise remove a vessel from the water, based only on what the operator did. Thanks BoatCop. Sounds like we need to carry video cameras in our boats and film every PWC approaching us. burningm

[SCUBA STEVE]

In my case if I had the camera or video cam out, it would have gotten water damage.
That seadoo got us pretty good.
frown

[Boatcop]

In my case if I had the camera or video cam out, it would have gotten water damage.
Perfect.
In that case you would not only see the idiot in court, but the judge could make him buy you a new video camera as restitution.
Nothing better than having the water spray right into the camera lens, as evidence of him being too close. And if the camera was more than $250.00, we could get him for Felony Criminal Damage to property. (Recklessly damaging property of another)

[SCUBA STEVE]

Boatcop:
In my case if I had the camera or video cam out, it would have gotten water damage.
Perfect.
In that case you would not only see the idiot in court, but the judge could make him buy you a new video camera as restitution.
Nothing better than having the water spray right into the camera lens, as evidence of him being too close. And if the camera was more than $250.00, we could get him for Felony Criminal Damage to property. (Recklessly damaging property of another) I guess there is more to the law then some of us know.
Thanks again Alan. I actually had time to get out the camera too. But my mind was stuck on stupid just hoping the pwc driver would change directions. :o

[HOSS]

You could always pull out your flare gun and fire a distess signal. remember that there is no liscence or course to take for handling them. Its a 12ga shell! Not the most accurate which is also why you didn`t meen for it to hit that 2500cc 12 seater Seadoo. Fiberglass burns quick! :D

[Floatin']

Boatcop:
There is no such thing in Arizona as a "Citizen's Arrest".
But as LHC30Victory said, we need the operator positively identified. We can't take action against an inanimate object, and there's nothing in the law that allows us to impound or otherwise remove a vessel from the water, based only on what the operator did. Wait a minute.... about a year ago I posted a ? to Boat Cop about being swamped by a boat while Floatin' and he responded to me that I should get the ID # on the boat and call the Authorities and the owner of the boat is responsible for any damage caused. Is it different for reckless endanderment. Basically if you are not hurt you have no recourse ?
[ August 05, 2003, 08:01 PM: Message edited by: Floatin' ]

[Boatcop]

I don't remember the exact question or post, but the operator is always responsible for wake damage. The actual text of the law is:
No person shall operate a watercraft in excess of the posted limit or at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person or other watercraft, swamping other watercraft or otherwise endangering the lives or property of other persons.
The operator must be identified. There's no provision to file charges on an inanimate object.
You MAY be able to file a civil suit on the owner of the boat, who allows it to be operated in an unsafe manner. The burden of proof in a civil case is much less than in criminal court.
The owner could be liable through his insurance Company (if he has insurance).