Coasties targeting Friday Harbor?

colobear · Posted: Tue Jun 02, 2009 1:09 am Post subject:

The Coast Guard in some ways has much broader authority than state and local law enforcement. They are both a federal military agency and a federal law enforcement agency. Coast guard officers, petty officers, etc. are also designated at U.S. customs officers. In contrast to state and local law enforcement limitations the Coast Guard does not need probable cause to stop, search, detain,etc. most any vessel. Their authority comes from the U.S. federal code, specifically: -- 14 U.S.C. 89 which authorizes the Coast Guard to go onboard any vessel subject to the jurisdiction or operation of any law of the United States, whether on the high seas, or on waters over which the United States has jurisdiction, in order to make inquiries, examinations, inspections, searches, seizures, and arrests for the prevention, detection, and suppression of violations of laws of the U.S. So...they don't need reasonable suspicion or probable cause to contact a vessel. Personally I have no problem with it and am glad they're out there.

Note that this applies to any vessel subject to U.S. jurisdiction and on the high seas as well as U.S. waters so foreign vessels are fair game as are all of us.

DaveS · Posted: Tue Jun 02, 2009 1:23 am Post subject:

I just did a quick search on google and located the following quotes ......"The Coast Guard has authority to enforce federal boating safety standards, vessel documentation schemes, marine pollution, and fisheries regulations (random regulatory search). To accomplish these inspections, they have authority under 14 USC 89 to go onboard any vessel in US waters and any US vessel on the high seas. Under 14 USC 89, Coast Guardsmen are not mere regulatory officials--they are full blown cops with all the authority of the FBI, Secret Service or ATF to make arrests etc." "So under 14 USC 89 the Coast Guardsman can lawfully board any vessel in US waters since he is not only a cop but a regulatory officer. But once on board he is also a cop so that if in the course of his regulatory inspection he sees, in plain view, some contraband, he can seize it and arrest the crew. Because the Coast Guard has so many regulatory functions, the Coast Guardsman as regulatory inspector can go almost anywhere in the vessel and inspect almost anything. He becomes a Customs Officer or DEA agent, or Border Patrol Officer and seizes the evidence and starts arresting people."

"No other law enforcement officer, federal or state, has such sweeping authority".

"Essentially, what this means is that the Coast Guardman is the only law enforcement officer in America to whom the Fourth Amendment does not apply, at least when he is on a vessel."

(I located this on google by typing in 14 USC 89 and found a three page article labeled "Hot Boating Tip").

DaveS · Posted: Tue Jun 02, 2009 1:25 am Post subject:

Barry must type faster than me. While I was typing the above post he was entering similar information.

Thanks, Barry

JamesTXSD · Posted: Tue Jun 02, 2009 7:49 am Post subject:

The original post was regarding "targeting" Friday Harbor. I don't see it so much as "targeting" - it's their particularly duty assignment. Sometimes the CG patrols the opening to the jetties in our area, other days it's the ship channel. If someone in their chain of command feels there is a need, they will be assigned to a particular area. It's not "targeting", it's their job. Yes, it may be an inconvenience when they board your boat (and we've been boarded numerous times), but we've never felt targeted. They are doing their job and you happen to be where they're doing it. Have the proper equipment and paperwork ready, don't have an attitude... they will have done their job and you can be on your way. There isn't a day that goes by when we're on the water that we don't see some idiocy in action - imagine what that would be like without some LE on the water?

I'm glad they're there.

Respectfully,
Jim B.

Pat Anderson · Posted: Tue Jun 02, 2009 8:51 am Post subject:

What Dave and Barry found...it is in the dual nature (or more accurately multiple nature) of regulatory functions and LE functions. I found much of the same stuff on Google a long time ago. But I truly never have understood how a statute could give the CG powers that it would be impossible for Congress to give to another LE agency. The Fourth Amendment is a limitation on the power of Congress after all. Until 9/11 federal agencies operated under most of the same contraints that local LE does, and it is only under the emergency powers of the President, even though Congress has passed legislation, that any of the things that would normally violate Fourth Amendment principles, can be justified (and that is a matter of a lot of legal contention, as we all know). I understand CG authority at or near the border, but I sure don't understand it on Lake Washington. The Mercer Island or Seattle Police cannot randomly board vessels like the CG can. But it is very well esablished that the CG has this authority. It is a fact of boating life, and you might was well get used to it.

Doryman · Posted: Tue Jun 02, 2009 9:21 am Post subject:

Larry K · Posted: Tue Jun 02, 2009 11:43 am Post subject:

The Coast Guard dose more the board boats'

Don Cherry of Hockey Night in Canada arrives by CG boat to Joe Louis Arena, Detroit, MI

Hockey Night in Canada pre game http://www.youtube.com/watch?v=H39yGwp0h84&feature=related

Hockey Night in Canada Opening http://ballhype.com/video/pre_game_with_ron_maclean_wings_penguins_game_2_hockey/

I also was boarded by the CG this spring for an safety inspection. (I think they were just trying to fill their quota of inspections.) They were very nice and after looking our boat over (we past)and telling how they liked our boat they even joking ask if I would trade them boats. (No I did not trade - can't afford the gas for their boat)

starcrafttom · Posted: Tue Jun 02, 2009 12:05 pm Post subject:

Guys I don't have a problem with the coast guard , they are doing their job. I have been boarded by San Juan county, the city of everett , city of seattle and king county all on the salt . I know that the coasties have different rules but why does every cop shop with a blow up raft get to board me? oh I know they need the money to pay for the boat. If the cops cant search my car or pull me over with out cause then why can they Or more to the point CAn they? stop my boat???

Doryman · Posted: Tue Jun 02, 2009 3:57 pm Post subject:

Capital Sea · Posted: Tue Jun 02, 2009 5:05 pm Post subject:

Tom, I think its your black hair. On top of everything else you are being profiled.

I agree with some of the comments along the lines of this being part of boating.

The line for LE of all agencies has been moved though, and it is not, in my opinion, un American or dis respectful to be reluctant in terms of welcoming these changes or even accepting that they are permanent changes.

We are not just close to the border by virtue of living on the coast but are also close to the common border with Canada. This makes the entire Puget Sound and points North an enforcement emphasis zone. Still, F & W, local Harbor Patrol or any State Police who go past the core mission as they interact with me or those on my vessel will be responding to the director of their agency after they get my letter requesting an explanation. And if I had the frequency of interaction with no cause that you had Tom, my US Senators and Rep would be getting a simular letter.
No point what so ever in being anything less than compliant, but I would collect the names of those in charge of the crew. We owe it to our government to give them feedback and to expect when appropriate an explanation.

Tortuga · Posted: Tue Jun 02, 2009 5:15 pm Post subject:

This weekend I took the boys and some friends out to Prisoners Cove on Santa Cruz Island. I was surprised to see what looked like a dinghy dock attached to the National Park Service pier that the concessioners use to transport passengers to the Island.

I took the opportunity to dock the 22 (which is, afterall, a big dinghy) and offload my passengers before anchoring. Then, since I didn't know whether we could use the dock I landed my dink on the beach.

Later I saw a park service police officer tieing up his RIB at the dock, so I assumed that the dock was for NPS vessels. But, since I was watching him tie up I caught his attention.

He said, in a loud voice, HI! So, I was emboldened to ask whether we could use the dock for dinghies etc. He said something we never expect from government:

"Of Course -- this is here for YOU!"

starcrafttom · Posted: Tue Jun 02, 2009 5:39 pm Post subject:

nice try warren, but the fish are not biting today. Cool

Steve, you not believe how much us german irish cherokee's get picked on in this day and age. Or it could be that they are just cops and I'm a Marine.

Capital Sea · Posted: Wed Jun 03, 2009 2:48 pm Post subject:

Tom, my prediction: Next time and following a very detailed two hour inspection including your person, the officer will say in passing "have a nice day sir, after all we are just cops and you are a marine" sending a chill down your spine.