I was boarded today

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Some of you have way too much time on your hands. You are concerned about something that possibly, may happen, but which the odds of happening are minuscule: The big, evil LE boogie man, just waiting to take recreational boaters to the scary gulag... Trust me, they got way bigger fish to catch.

Live your life. Go about your business. Do nothing wrong or illegal and you will merely be inconvenienced for a matter of minutes. There is no free ride. The same people some of you are second guessing and criticizing would sacrifice their lives to save you and yours.

Remember, people sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.
 
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I don't really want to get too involved in this discussion, because I mostly view it as a religious debate.

I believe that we all have the right to our own religions and opinions and to debate them, even if I choose not to take part. Having said that, the fact picture is a bit different.

If you happen to believe that a warrant issued based upon a false premise, and/or the findings and/or the consequential findings are readily thrown out, I would recommend reading U.S. v. Leon (1984). The case law may be different than you expect:

-- https://www.law.cornell.edu/supremecourt/text/468/897
-- https://en.wikipedia.org/wiki/United_States_v._Leon


Unless I missed it, don't they still have to find something to prosecute you for?


Sure they could plant something, but what are those chances?
 
The problem with saying "Yes sir, welcome aboard sir" to any LEO, is that now you have voluntarily consented to be searched. Much harder to later claim a violation of rights. Under those circumstances you don't need to be belligerent or uncivil, just ask "do I have a choice?" with a smile. If the answer is "yes", you can go either way, if the answer is "no" then you have not voluntarily consented to the search when it proceeds anyway.

I like your response above. I have been "pulled over" several times, boarded several times. The boardings were all by the Coast Guard. Very professional, not intrusive, heck, they already know if you have something to hide by your actions when first approached!

Anyway, I have had three "attempted boardings" by LEO's of various flavors, NOT USCG. One (Puget Sound, WA) asked if I minded whether they boarded or not, I said, "Yes, I mind, and don't give you permission, but I will in no way attempt to physically stop you if you insist." May not be my exact words, but words to that affect. He chatted a minute or two more with me and departed. Never boarded. Was polite, but didn't push the issue.

2nd "attempted boarding" was by a DNR officer, in Hawaii, while moored to a public dock, Sand Island, Hawaii. He stated he was going to board my boat, issue a citation for not having a HI registration on my boat, and generally search to his hearts content. I pointed out that vessel was Federally Documented, didn't require a state registration (that was in 2000, not sure about now), and he had no authority to board and search. That's the short version, anyway, he left in a huff.

3rd was in Puget Sound, I refused permission, but told him I couldn't stop him, asked for identification, he pointed to his pistol and the blue lights on his boat, stated that was his permission. Boarded, poked around, didn't find anything, because there wasn't anything to find, spouted off some very incorrect noises regarding safety equipment required, etc, then left. I reported the boarding to the USCG, who said it was a local LEO issue, then called a friend of mine in the local Sheriff's Dept, who stated, by all means, make a formal complaint, that ***kweed exceeded his authority, etc, etc. I got a nice letter back stating that the Police Dept would look into the matter. Found out from my friend that he was reprimanded, in writing, and required to attend "retraining". Problem hopefully solved.

I will not forcibly resist a boarding, but I will never give permission.

Now the scenario where someone boards my boat in the dark, without announcing themselves, I hope that never happens because it could get unpleasant very quickly, for both sides . . .
 
Hey psneeld,

No doubt.

I just posted thise because there was a post in the thread I felt suggested it was easy to get warrant searches thrown out. And, as it turns out, once a warrant is issued, that is a very high hill to climb, even if the foundation proves false or the execution was defective, unless there was a knowing violation by the issuing judge or executing LEO's or true and provable negligence.
 
The problem with saying "Yes sir, welcome aboard sir" to any LEO, is that now you have voluntarily consented to be searched. Much harder to later claim a violation of rights. Under those circumstances you don't need to be belligerent or uncivil, just ask "do I have a choice?" with a smile. If the answer is "yes", you can go either way, if the answer is "no" then you have not voluntarily consented to the search when it proceeds anyway.

USCG and many state LEO's do not need consent to board and may or may not ask permission as a matter of courtesy. Your refusal for boarding has no meaning and is too vague and ambiguous for anyone to think it means you are refusing to consent to a search.

"I do not consent to a search" is a clear statement.

Note that if LEO decides you have shifty eyes, are sweating, unwilling to answer simple questions, smells marijuana etc then said LEO will proceed to perform a very detailed "safety" inspection.
 
I think the key is you don’t poke the bear at the initial contact, your time will come later.
 
I am glad I was able to start such an interesting thread.

Gordon
 
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