USCG boarding

I'm with Mark. Not a big deal to show them a driver's license, IMO. And yes, they do have the right to ID anyone on board.
 
As far as I know there is no requirement to even carry an ID in the US, except for driving, flying, going in/out of the country and that type of thing. Reasonable suspicion applies in general elsewhere although I don't think to the USCG in regards to boarding. I could understand the Captain needing to identify himself or to prove ownership but can't see passengers needing to carry ID. So I guess they can ask but it's possible they won't see it.

Last weekend the USCG wanted me to sign a warning form they filled out, I refused, they said I 'had to', I told them 'no I don't have to' and I didn't. I asked him 'what you going to do arrest me', he said no...I said it can't be to important then. There's more to this story involving a sailboater that was discharging a slurry of hazardous waste from his bilge but ain't got time now.
 
Gofirstclass said:
I'm with Mark. Not a big deal to show them a driver's license, IMO. And yes, they do have the right to ID anyone on board.
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The Coast Guard is empowered to board and inspect the vessel. If negligence or illegal activity is detected or suspected then further measures are taken under maritime or homeland security law. But to request driver's licenses from the pilot or passengers as a component of an inspection is not within reason and not within their charter. It gets a bit conflicting, however, at or near borders where INS or contraband comes into play....
 
I boat on inland lakes and rivers, so I've never dealt with the USCG. I've been stopped for safety inspections by state marine police though, and it pisses me off every single time. I have the right to avoid unreasonable search and seizure. There are a few cases that have established that the state's need to ensure boaters are in compliance with all safety laws outweigh your 4th amendment rights; they admit it's a violation of your rights, just that your rights aren't as important as the state's "rights" to enforce "safety."

DUI checkpoints on the road are legal because they stop EVERY car going through, not just random vehicles (I have a problem with those stops, too.) On the water, however, they get to pick and choose who they inspect, and we have no choice but to submit. On the road, probable cause is required to stop a vehicle. They can't just pull you over to check your ID, your pax's IDs, and inspect the vehicle for compliance. If there's not PC that the officer can clearly articulate, they have no right to randomly stop/search your vehicle, so why can they do it on the water? Furthermore, if they have PC to stop you, say for speeding, they're still limited in what they're allowed to do during the stop. They can't just search your vehicle because you were speeding. That requires a warrant, your consent, or specific probable cause like spotting a bag of weed in the back seat. Don't say, "If you have nothing to hide, why not just consent?" Don't willingly give away your rights!

The half-dozen or so times I've been stopped on the water, the cop(s) asked to board my boat. I've always refused, and offered to show them any required equipment without them coming aboard. All but two times they were cool with that. One, the officer claimed he couldn't see the boat's data plate without boarding, which was BS, but I allowed him to board with the understanding that he would walk to the data plate, and then immediately get off the boat. He understood, and although he acted all pissed of, he went along with it.

The second time that didn't go so smooth: Was boating on a lake, got stopped while underway for a "safety inspection" by marine police. Officer asked to board, I politely informed him that I'd show all required items, but he would not be boarding my boat. He then said he could board and inspect anything he wanted. I informed him he would need a warrant or PC, because I wasn't going to consent. He claimed to have PC already because I may have fish in one of the compartments (in a 220 Select, lol) even though there was no fishing gear on board. I refused again, and we kept going back and forth, because he knew a boarding would be illegal. He tried scare tactics, threatened calling in drug dogs, etc etc. I have no idea how this would have ended because a call for a possible drowning came in over the radio, and he left with a "next time I see you..." warning. Total ass.

I've had a gun in the glove box every time, and I've informed every officer of that as soon as we link up as I'm required to do by law. They ask to see my concealed carry permit with my ID, ask where the gun is, and just tell me to avoid going near that compartment during the stop. Never a problem.
 
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Ultimately, know your rights in the water you're boating on. Police are allowed to lie to you, use scare tactics, etc. If you know your rights, comply to the extent the law says you must, and then be on your way. After that last stop with the douche cop, I mounted a GoPro on top of the wake tower that is tough to spot unless you make an effort to look up there. I can activate the video recording remotely, and I plan to audio/video record any further stops, hopefully without the cop's knowledge. If the cops violate my rights, I'll have a record of it, and I'll pursue legal action against everyone involved.

If we just keep submitting to these folks, we're just getting closer and closer to, "papers please."
 
For you Florida boaters, I have seen a supreme court ruling on a case that helped establish boundaries for boardings. I forget what agency was involved, but basically they stopped a boat for inspection, they asked to see in the cabin, owner refused, they searched anyways and found a ton of pot. The case was thrown out of court because the judge ruled they did not have probable cause to inspect the cabin compartments. The FL Supreme Court upheld that ruling.

EDIT: I think I got that backwards. He was convicted, and on appeal, the SC overturned the guilty verdict because there was no PC.
 
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I can't believe how easily some are willing to give up their right to privacy?! Oh yeah, I think the IRS is screwing us too! Lost e-mails....Really!
 
One thread mentioned a check by the USCG for flares. I think they are a genuine fire hazard, unless its a pistol flare. Down south in Alabama we are allowed the use of a signal flag which i carry but no flares. Between the use of the cell phone on the lake which may not have full tower coverage, a marine radio(only if the main batteries aren't dead), and a million power hand spot light(again depending on the main batteries), I feel covered on the Tennessee River. A hand held flare...forget it. Need a pole to extend the flare way beyond the boat. Then the question, will somebody really see it. Shooting a flare gun may leave folks to think somebody is shooting fireworks. I also have the high pitch flutter whistle, but no air horn. Blast that and somebody will think it is the start/finish of a regatta. We don't have USCG on Wheeler Lake but do have a contingent of Alabama Marine Police who maintain vigilance, and are helpful. And now there is a BOATUS Tow service available in our area.
 
sfergson727 said:
Nothing. I treat the Coasties with the ultimate respect. I may be opinionated, but I'm not stupid.

I do respect law enforcement, and the military greatly. I just feel that we are too willing to watch our privacy rights disappear right before our eyes. When asked for my DL as an operator, I comply without query. As a passenger, I will and do ask them why they need it. Usually they shrug and say it is policy.
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Respect is a two way street.

While le the USCG is in essence a military looking branch, they are in reality not out of necessity. They are under the same folks who run TSA. There may be a training issue that needs to be brought to light. The answer you received was totally unacceptable. Acceptance is concurrence. How long before the owners of this nation stand against that comrade. I guarantee you that behavior is not tolerated. It's just that the proper flag officer does not know.
 
Lots of interesting comments here since I first posed the question. I was invited to contact the station commander if I had any questions/concerns with the boarding. After seeing all the comments here, I may do that and get his response to the ID requirements. Of course I understand there will be a bias from their perspective, but I'd have the explanation from the horse's mouth.
 
play dough said:
Not that it was any problem, but I'm wondering how far a boarding inspection usually goes. Four persons on board fishing (trolling) in the Straits of Mackinac (Lake Michigan). It was myself, wife, and adult son and daughter. USCG approaches and says they want to board for inspection. We're allowed to clear lines from one side so they can approach and transfer a couple officers to my boat. We go through all the typical inspection items, then they want a driver's license from each person and call in that info to, I'm guessing, see if anyone has any outstanding warrants? It was no big deal and they were very courteous, but I've never had to go beyond the boat registration and anything to satisfy the inspection items. Is the criminal check usually part of a boarding? Just curious.
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Happens every year around here. Not to every boat mind you, but inspections are frequent in the spring to make sure people are prepared for the summer. There are so many that are not prepared.
 
I was boarded and inspected by the USCG in Charleston Harbor last weekend. They asked for my DL but not my passengers. Two very polite but inexperienced kids. Told me they will usually give a pass to boats with auxiliary stickers.
 
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