mwph
Well-Known Member
- Jul 8, 2008
- 3,229
- Boat Info
- 1998 250 DA
- Engines
- 7.4L, B3
I just fold an old towell which works just fine on my small boat. When I upgrade, I'll need something a little more formal!...
An informative "door mat"
- Thread starter mwph
- Start date
- Feb 14, 2009
- 1,361
- Boat Info
- '07 42SS Carver, full electronics array
'03 380DA, RL80C+, ST7001, Kohl 7.3,4kw o/array sold
- Engines
- 8.1S Crusader express drives
I so love that!
Okay Charles you should know from your previous working life, do they need a warrant for a boat? I thought they could board and search at any time?
- Feb 14, 2009
- 1,361
- Boat Info
- '07 42SS Carver, full electronics array
'03 380DA, RL80C+, ST7001, Kohl 7.3,4kw o/array sold
- Engines
- 8.1S Crusader express drives
True...nice thought though.
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StevenA
Member
- Aug 27, 2007
- 195
- Boat Info
- 2005 320 Sundancer, Raymarine C80 GPS & Radar
- Engines
- Twin 350 Merc V Drives
I like that, nice welcome mat 
- Feb 14, 2009
- 1,361
- Boat Info
- '07 42SS Carver, full electronics array
'03 380DA, RL80C+, ST7001, Kohl 7.3,4kw o/array sold
- Engines
- 8.1S Crusader express drives
I respectfully revise my last post. This one has bothered me a while and I did some research...(caveat...not to be relied on by anyone without a lawyer client relationship!)
The issue of warrantless searches on boats is NOT quite so Draconian.
19 U.S.C. Sec. 1581(a)*, admittedly the sole basis for denial of defendants' motion to suppress, does not vitiate the basic protection from unreasonable government intrusions provided by the fourth amendment. That statute, while literally broad enough to support any vessel search, may sweep only as widely as the fourth amendment permits. All searches must conform to the fundamental constitutional test of reasonableness.
*"Any officer of the customs may at any time go on board of any vessel or vehicle at any place in the United States or within the customs waters . . . and examine the manifest and other documents and papers and examine, inspect, and search the vessel or vehicle and every part thereof and any person, trunk, package, or cargo on board, and to this end may hail and stop such vessel or vehicle, and use all necessary force to impel compliance."
The issue of warrantless searches on boats is NOT quite so Draconian.
19 U.S.C. Sec. 1581(a)*, admittedly the sole basis for denial of defendants' motion to suppress, does not vitiate the basic protection from unreasonable government intrusions provided by the fourth amendment. That statute, while literally broad enough to support any vessel search, may sweep only as widely as the fourth amendment permits. All searches must conform to the fundamental constitutional test of reasonableness.
*"Any officer of the customs may at any time go on board of any vessel or vehicle at any place in the United States or within the customs waters . . . and examine the manifest and other documents and papers and examine, inspect, and search the vessel or vehicle and every part thereof and any person, trunk, package, or cargo on board, and to this end may hail and stop such vessel or vehicle, and use all necessary force to impel compliance."
Spoken like a true lawyer:lol::smt043:lol:
Ka1oxd
New Member
- Nov 19, 2009
- 1,071
- Boat Info
- 1988 Sea Ray 340 Sundancer
- Engines
- 7.4l inboards
I just think it should state "Protected by Smith and Wesson"
- Oct 31, 2009
- 3,455
- Boat Info
- 1992 370 ec
- Engines
- twin cummins 6bta's 300 hp
Rl80 pathfinder radar/chartplotter,SH 2150 matrix vhf w/ais
quicksilver 8
what about reasonable cause?I meen if your out on the water pounding beers and running in circles for the wave runners that is reasonable cause ,but dont we pay taxes on our boats as second homes ? shouldnt we be protected by the same rights we have at a primary residence if not being an obvious a**?
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- Feb 14, 2009
- 1,361
- Boat Info
- '07 42SS Carver, full electronics array
'03 380DA, RL80C+, ST7001, Kohl 7.3,4kw o/array sold
- Engines
- 8.1S Crusader express drives
From what I have read, maritime laws do not completely trump the 4th Amendment. You still are protected from unreasonable search and seizure. The distinction is that the law has expanded reasonableness. To be safe, an officer would probably still want a warrant for dock searches.
