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Thread: Does a Sheriff have the right to search my boat?

  1. #1
    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!

  2. #2
    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.

  3. #3
    Donttreadonme
    Sorry, I was on the water at the time driving the boat...

  4. #4
    Ziggy
    Safety search includes opening anything they want?????????
    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.

  5. #5
    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.

  6. #6
    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

  7. #7
    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.

  8. #8
    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

  9. #9
    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.

  10. #10
    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.

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