What's the law for boarding of city police while at your slip?

beachcombersc

beachcombersc

New Member
May 7, 2007
576
Charleston S.C.
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1999 3870
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3116TA
If a boat is tied to a privately owned Marina, and you have a signed lease with the owner, what rights do local city police have to board your boat?

Do you have the same rights as land when it comes to the city officers? Can they even board without permission?
 
Here in central NY they can't without asking your permission to come aboard. :thumbsup:

What happened that you're asking this question ??
 
free-party-smileys-799.gif
 
Probably varies by localities. Cities often pass ordinances authorizing local law enforcement to do whatever.
 
Was drugs involved or midget hookers ??. :grin:. :smt043
 
I would ask them what authority/law that they feel they can do it. Make them answer the question.

A police officer can't make up laws.
 
I guess this is a guessing game. :huh:.

Man-up and tell us what this is all about !!:smt021
 
LTD.330 said:
Probably varies by localities. Cities often pass ordinances authorizing local law enforcement to do whatever.
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What the OP is asking is: do you have "Fourth amendment" protections while tied up at the dock? As I understand it we do NOT have them on the water which is how and why the Coasties can board you when they wish without a warrant or need for probable cause. I do not know if there has been a court decision that defines where the line on this issue is. MM
 
Speaking out of my butt, I would say most would consider that because the boat can move; they can search it just like you can search a car.

The bottom line is that they have guns and you don't. Even if they don't have the "right" to board you, I suspect you could only make your case after the fact and not to their face. Even if you do have guns, bear in mind that they can shoot you and probably go home to dinner on time -> but if you shoot them, it might take awhile for you to get back to your family. Even if you aren't "charged" with anything. Assuming you are alive.



^== bitter much?
 
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I have been told, that around here, the cabin cannot be searched without a warrant (unless allowed by owner) because it is considered a secondary residence. I have heard this from random civilians as well as when brought up with local officers during Q&A sessions at certain functions. I have never seen any written law one way or the other.
As far as I can figure, since in SC, a large boat is considered a second residence, I would think the previous statements would hold true. I would say an attorney would probably be the only one to know for sure.
 
I think any rights we may have had were given up under the patriot act. We never really had too much in the way of safety regarding illegal searches anyway. Everything is 'probable this or that.' Probable cause is so easy for them to defend. "He was loud", "he smelled of alcohol", "we heard a noise", "we smelled something" etc. How do you prove to a court that the officer didnt smell something? You cant. If they find something, your hosed. If not, they say thanks and leave. There is almost no arguing it unless you have alot of money handy to prove your point. Even then you'd probably just get an, "oops sorry 'bout that" type of resolution. The city might give you a gift certificate to Applebee's or something special like that. I dont think this is a new problem. Unlike many of our recent assaults on our rights, this one has been around for awhile.
 
Well, I wish I had a story for all who came with popcorn, but there is none...

I was asked a question which sparked my thinking about ones rights while docked. I understand coast guard and other water patrol rules, but didn't know what happens once that first line hits the dock.


To clear up things for everyone thinking something illegal is going on, it's not. Just curious to the law in question, and making sure I understand what my rights are.
 
beachcombersc said:
Well, I wish I had a story for all who came with popcorn, but there is none...

I was asked a question which sparked my thinking about ones rights while docked. I understand coast guard and other water patrol rules, but didn't know what happens once that first line hits the dock.


To clear up things for everyone thinking something illegal is going on, it's not. Just curious to the law in question, and making sure I understand what my rights are.
Click to expand...

Dang...I was hoping for a little excitement! Oh well, have a Happy Thanksgiving!
 
I've been told that as long as the boat is secured in the slip with shore power connected then there must be probable cause to search a boat. But, remember that the USCG is now part of Homeland Security and they can do whatever they wish and call it part of the Patriot Act. All it takes is one phone call to the CG and you are going to be searched. It just isn't worth making an issue over.
 
This question is always very puzzling to me. My philosophy is that I don't have anything to hide and welcome such visits. If this action catches others doing illegal activity I am fine with it. Some people think it is harrassment, but I ask, what have you done to provoke such harrassment? Whatever the law is in your state, are you going to challenge them?
 
fwebster said:
I've been told that as long as the boat is secured in the slip with shore power connected then there must be probable cause to search a boat. But, remember that the USCG is now part of Homeland Security and they can do whatever they wish and call it part of the Patriot Act. All it takes is one phone call to the CG and you are going to be searched. It just isn't worth making an issue over.
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I know I read that our "castle doctrine" law extends to our boat and rv as well.
 
Hellman Huddle said:
This question is always very puzzling to me. My philosophy is that I don't have anything to hide and welcome such visits. If this action catches others doing illegal activity I am fine with it. Some people think it is harrassment, but I ask, what have you done to provoke such harrassment? Whatever the law is in your state, are you going to challenge them?
Click to expand...


So your absolutely content with allowing a search of any property you own at ANYTIME the government wishes????

By this statement, you support the abolishment of the Forth amendment.
 
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