Boarded by Coast Guard

[O C Diver]

Don't refuse a boarding party. However, you can request to move to a safer location. If you're in a narrow channel or a high traffic area, my experience has been that they will let you move to a safer location. They have also let me put out my large hoizontal fender on the stern quarter as the swim platform is there only safe point of access. Guess they respect the shiny boat.

Something that will make the situation easier. If you have grey hair take your hat off. When they first come along side, I have the pilothouse door open and they see an old grey haired geezer. Imo, a positive polite respectful attitude from an old grey haired geezer makes a big difference.

Ted

 

[psneeld]

That was my understanding as well, but as I said, I believe I have read that one could actually take a ticket and refuse a boarding. I will have to look it up again. Without probable cause no other law enforcement has such authority to invade the private premises of a citizen, ( to my knowledge), without probable cause or a warrant for which probable cause must be shown to be granted. And no not playing "sea lawyer".

because the USCG knows it is a coveted responsibility it is taken very seriously in house.

any report of a poor boarding is dealt with swiftly.

way more bad repirts of locals than USCG from the boating community if you can believe anything posted, in letters to editors, in mag articles, etc, etc....

it may change though for recreational boaters someday as nowvcars and motorhomes (especially if parked and declared a residence...hence open liquor OK ..but not in car) seem to be falling into the no warrantless search category.

 

[O C Diver]

NOW, that is non-PC and can get you a trip to the dock, further inspection and a cavity search by a huge male coastguardsman.

Excuse me, I am a professional. The object is to make her blush and get a few chuckles from the others. It's like petting a rottweiler, you better know what you're doing and don't screw up. If they bare their teeth or put a hand on their sidearm, stop.

Ted

 

[MichaelB1969]

 

[78puget-trawler]

I have never been boarded but if and when I am, I think just for the purposes of clarity, I will ask them before they board if I can decline, nicely of course, and see what they say and how they react.

 

[78puget-trawler]

board and inspect vessels, probable cause or not.Plainly stated, when it comes to Coast Guard boarding, you don’t have any rights. As stated by Capt. Rasicott and CDR Cunningham in their article found in Proceedings, Summer 2009; “There are two main ways to board a vessel – either with permission, or without.”
Vessel operators should know that to refuse permission for Coast Guard personnel to board may subject them to a penalty of $500. Forcibly resisting is a felony punishable by up to ten years in prison and a $10,000.00 fine.


This is what I was referring to, the implication that one could refuse and pay a fine. If you think about it, unless the CG is willing to physically enforce their authority, knowing they have no probable cause, would they? I imagine its one of those things that may have a different outcome depending on the specific situation and that some officers might just say, "well, bye". Others might very well say, here we come. Mind you I am not advocating refusal, its just not going to be a comfortable thing to do, but in theory, per the above, it implies that refusal is an option, however poor a choice it might be.
https://mblb.com/admiralty-maritime...rding-power-of-the-united-states-coast-guard/

 

[siestakey]

We have 2 coast guard reserves in our general area so on the weekends lots of vessels get boarded. In the past 6 years I have been boarded twice the last time they asked me to bring it back to idle, I reminded them we were in a tight channel by a shifting sandbar with channel markers that often get moved 2-3 times a month. The radio operator thanked me and said maintain a safe speed and we board. Also each time with me they asked do you have any firearms on board 2nd time I did they had the admiral lay it out on the rear deck and go back up to the flybridge before they boarded

 

[psneeld]

They will come aboad if you say no.... refusal is their option, not yours....they dont need your permission....they will use every trick without endsngering life or limb. They can fire warning shots across your bow, shoulder your boat, drop prop fouling lines in front of you...have seen it all.

from the link provided.... "and use all necessary force to compel compliance . . .”

Heck, they jumped aboard my trawler near Charleston and I dodnt know it till tbey came in the door. Exciting but BFD.

If you refuse, you argue and not do as instructed, maybe tbe $500 fine, maybe more. Evade or make hazardous and you might get tbe big fine.

 

[FoxtrotCharlie]

Don't refuse a boarding party. However, you can request to move to a safer location. If you're in a narrow channel or a high traffic area, my experience has been that they will let you move to a safer location. They have also let me put out my large hoizontal fender on the stern quarter as the swim platform is there only safe point of access. Guess they respect the shiny boat.

Something that will make the situation easier. If you have grey hair take your hat off. When they first come along side, I have the pilothouse door open and they see an old grey haired geezer. Imo, a positive polite respectful attitude from an old grey haired geezer makes a big difference.

Ted

Would a bald head, but grey beard suffice

 

[wwestman]

Probable Cause does not even enter into the equation. Over 200 years of US law and many centuries of maritime history are on their side. If they had probable cause they would not even pause to let you know what is about to happen, all of a sudden they would be all over your boat. When it is a routine boarding they are generally polite, with probable cause, polite is left in the office.

The part about the fine is just so that you will know that using the word "NO" will cost you $500, they will still board you even though you told them "no".

 

[Group9]

We were stopped on our dinghy in Fort Myers by the mooring field at night right as we pulled away from the dinghy dock. We had running lights and everything else, and got one of the attaboy papers from them.

The strange thing, was watching unlighted dinghies going by and giving them a wide berth, and being ignored. I wondered if they didn't stop us so as to prove their boss wrong or something, "Hey, we stopped a dinghy, they had everything. Do we have to keep stopping them?"

 

[O C Diver]

Heck, they jumped aboard my trawler near Charleston and I dodnt know it till tbey came in the door. Exciting but BFD.

Guess they remember the trouble makers.

Ted

 

[psneeld]

Guess they remember the trouble makers.

Ted

Yeah, but a boat with a few nice bits of USCG. memoribilia turns the boarding into a war story fest more than anything, but yes the checklist still gets done....

 

[siestakey]

Yeah, but a boat with a few nice bits of USCG. memoribilia turns the boarding into a war story fest more than anything, but yes the checklist still gets done....

I heard a story from a friend could be some truth to it. He has a 100' broward they were about to board and another friend of ours retired E9 coastie went to the swim platform with no shirt on and his master chief tatoo showing. the boarding boat just left

 

[FoxtrotCharlie]

Might I assume 'shirt'

 

[OldDan1943]

Might I assume 'shirt'

LOL

Another, "Thank you spell check" moment.

 

[siestakey]

Might I assume 'shirt'

I keep loosing those Rs

 

[ssobol]

Refusing a boarding request could be grounds for "probable cause". Happens with the local LEOs if you refuse the request to let them search your car.

 

[FlyWright]

Yeah, but a boat with a few nice bits of USCG. memoribilia turns the boarding into a war story fest more than anything, but yes the checklist still gets done....

Were these guys you worked with or knew you from the USCG? Sounds like a great prank on a former colleague to me...

I keep loosing those Rs

You's guys crack me up!

 

[Comodave]

I find that when dealing with LEOs the best thing I can do is act very politely and answer with yes sir or no sir. They have a tough job that gets them a lot of crap so I don’t add to it. Not saying that I kiss their ass, just be very polite. I was stopped once in a wildcat offroading area. Officer had a real attitude from the start, I was polite and he came around to being nice in return. As we were finishing up he told me I was the first person to be nice to him. He said he usually gave the people many citations and towed their vehicles. He gave me a $10 citation and said have a nice day. Coast Guard are just the same, give them crap and they will return the favor. Treat them with respect and it will come back to you. I deal with CG personnel every week, they are generally extraordinarily nice people who signed up to help people out. Remember you may not like the laws and policies but the local boarding officer did not develop the laws and policies they are just tasked with enforcing them. Don’t take it out on the boarding officer, take the law or policy you don’t like up with your representatives.

 

[Blissboat]

What Comodave said.

Two USCG boardings in the past thirty-five years. Both routine were compliance inspections. I behaved the same way both boarding crews behaved, politely and professionally. I thanked the Coasties for doing what they do, which I mean sincerely. If anyone in the USCG is reading this - thanks again!

 

[psneeld]

Were these guys you worked with or knew you from the USCG? Sounds like a great prank on a former colleague to me...



You's guys crack me up!

no.... no one I worked with....

I have been stopped a long way from home waters and the boarding crews were probably not even in the 1st grade when I retired....

but once they notice the few coastie things around, the conversation tuns to places and jobs we all have been while going through their boarding form.

 

[JustBob]

Can they refuse them cute pink booties I'm going to give them to wear over their boots?

 

[jimisbell]

In 40 years including two trips from FL to TX in the ICW, I have been boarded only once and I dont even remember the details so it must have not been an event....or my memory is fading at 82 years of age. My only concern was the safety of the one person that came aboard rather clumsily. They gave me a sticker I put in the starboard window of the pilothouse that was supposed to work on the CG like a cross works on vampires. Never got boarded again so I guess it works.

 

[dhays]

Non WA vessels can travel throughout Puget Sound without the Registration sticker. Keeping in mind the time duration.

Yup, I was just thinking of WA state boats.

 

[dhays]

That was my understanding as well, but as I said, I believe I have read that one could actually take a ticket and refuse a boarding. I will have to look it up again. Without probable cause no other law enforcement has such authority to invade the private premises of a citizen, ( to my knowledge), without probable cause or a warrant for which probable cause must be shown to be granted. And no not playing "sea lawyer".

My understanding is that the USCG can do a search of your vessel in US waters at any time they feel it is warranted. You can try and refuse, but the potential penalties/consequences could be bad.

You may not like the idea of being boarded at will, but that is the way the law has been interpreted. It has been that way for over 200 years and won’t change any time soon. It isn’t the individual coasties who wrote the law, and in most cases they are doing their best to carry out their duty.

 

[AusCan]

Its obviously a different situation here in Australia. I don't know if the coast guard boards any private vehicles. I've never heard of it happening.

We do have occasional inspections by Fisheries Dept boats for undersize fish, and water police for DUI breath testing. I had the police boat pull alongside me for breath-testing on Australia Day. I was sailing at the time so couldn't immediately stop like most power boats. I just ignored him for a while and he eventually decided it was all too hard and moved on.

 

[78puget-trawler]

My understanding is that the USCG can do a search of your vessel in US waters at any time they feel it is warranted. You can try and refuse, but the potential penalties/consequences could be bad.

You may not like the idea of being boarded at will, but that is the way the law has been interpreted. It has been that way for over 200 years and won’t change any time soon. It isn’t the individual coasties who wrote the law, and in most cases they are doing their best to carry out their duty.

Yah, understand all that, just the principle of the whole thing that bothers me I guess, the "anytime THEY feel its warranted" thing. There is no criteria they must meet, none. All other LE must have some reason for doing something and where your home is concerned, no warrant no entry unless invited or obvious probable cause. CG needs ZERO reason to board ANY boat for ANY reason at ANY TIME THEY CHOOSE. Yes, it has been adjudicated thus. Is it right? I don't think so, and I doubt many people would say that it is right or a good idea, but it is apparently an acceptable situation since no real effort has ever been made to change it. Ones rights should not evaporate at waters edge.

 

[jimisbell]

Yah, understand all that, just the principle of the whole thing that bothers me I guess, the "anytime THEY feel its warranted" thing. There is no criteria they must meet, none. All other LE must have some reason for doing something and where your home is concerned, no warrant no entry unless invited or obvious probable cause. CG needs ZERO reason to board ANY boat for ANY reason at ANY TIME THEY CHOOSE. Yes, it has been adjudicated thus. Is it right? I don't think so, and I doubt many people would say that it is right or a good idea, but it is apparently an acceptable situation since no real effort has ever been made to change it. Ones rights should not evaporate at waters edge.

I agree completely with that. Here in Texas the "Castle Law" that allows you to defend your Castle with a gun has been upheld for boats. If your boat is a castle and your car is a castle and your house is your castle then the search of any should have the same rules.

 

[Benthic2]

I have been boarded many times, only once with cause though. I used to take a small bow rider to a popular boating beach where there was rampant alcohol and stupidity. In every instance the USCG was impeccably polite and courteous, even when I blatantly blew through a no wake zone at 30 knots. ( a monster storm cell approached and I was about 4 miles from the boat ramp.). In every instance they would make conversation with my kids, tell me that I was much better equipped than most 17 foot boats, and send me on my way. Even when I deserved a citation, they just made me wait in the freezing rain for a while to teach me a lesson, and let me go with a warning.