Jump to content

Welcome to TheMalibuCrew!

As a guest, you are welcome to poke around and view the majority of the content that we have to offer, but in order to post, search, contact members, and get full use out of the website you will need to Register for an Account. It's free and it's easy, so don't hesitate to join the TheMalibuCrew Family today!

Vessel Safety Checks?


RyanB

Recommended Posts

I have been boarded by the USCG on the San Francisco Bay and they take about 45 minutes to complete their inspection.  That was not a ski boat though.  They have boarded several times over the years on the Bay some very nice some not so much so.  I have always had more than what is required so no big deal other than a bit of time.  Never been boarded on the ski boat but have had to show life jackets and other safety devices.  In CA I have heard it is a hefty ticket if you are riding on the engine cover (v-drive). 

I believe some of the implied consent it is a condition of being able to operate on public roads or lakes.  Part of the auto or vessel registration requires certain actions such as submitting to a sobriety test in exchange for being able to operate your auto/vessel.  Most of this is part of maintaining public safety and it is the world we live in.  If you have a private lake you can do whatever you want and I suspect they would need a warrant similar to being on your own property. 

Link to comment

In Florida if you have any violation for any safety equipment, the Florida Wster Patrol require you to leave the water.  If you are not close to your launch , they will make you take it to the nearest launch. 0 tolerance with no exceptions, your day is done till you solve the violation , which in Florida you probably can accomplish even on a Sunday at the local bait shop.  When clear they give you the big orange sticker and your left alone with the large ugly orange sticker, 5”-6” circle 

Link to comment
On 6/18/2018 at 10:37 PM, Cole2001 said:

Anyone get tickets for no registration numbers? I’ve put over 400 hours on boats without em. Good old Canada with cops you don’t care:thumbup:

The water patrol here sits in a cove with binoculars and checks your registration as you drive by. 

Link to comment

I can’t imagine voluntarily letting LEO’s board your boat. There is nothing good that can come from letting people that enforce immoral laws and violate you rights onto your boat. 

Link to comment

Yea, sorry guys but implied consent can apply to ANYTHING that the government considers a "privilege". For instance....driving a car requires a drivers license and as soon as you get one, you have given your implied consent to be stopped while driving your vehicle down the public highway. Why do you think you have to sign the drivers license....to give your written "implied consent" and why do they ask for it first thing...to verify your consent has been given (tho now its all word service since cops are just taught to say certain things, they don't actually know why they are saying what they say or what the legal meanings actually are). Notice how after they make a statement, cops are always asking: "Do you understand"? That is a good one right there, it does NOT mean...do you comprehend the words coming out of my mouth! They allow us to believe that we have more "rights" than we do, so you have to voluntarily consent to a search of the car unless they claim they have probable cause and can see something in plain sight, smell weed/alcohol, etc.... since popping that bubble would create civil unrest and they prefer a bunch of sheep walking around, not wolves. The reality is far different and they have given themselves powers far beyond most peoples imagination and "We The People" have let it happen. Boating is similar because you are using a public domain/lake....and the moment you register your boat (which technically allows you to use the "public launch" to put boat in the public waterway, you have just given implied consent to submit to their rules and regulations, whether you know you have done it or not). Being in your home is different because lawfully its considered "your castle" and you do still have constitutional rights in that situation, so you are far more protected in your home, tho if you open the door and they can see weed laying on the table, you better believe they are gonna bust in there too.

Anyway, it gets way too deep and I don't have 4hrs to type. I am just a simple dumba** that went and got a law degree for what I thought were righteous reasons and quickly learned all kinds of fascinating things due to the area of law I was interested in (no legal advice being given here, just opinions). These tidbits of info I learned still make me throw up in my mouth when I think about them, hence why I do not practice. I simply cant stomach the politics, blatant lies and paper pushing in that field (no offense to any acting attorney's, its my personal opinion which means nothing to anyone else). When I was younger and slightly dumber, I tried to fight it on several fronts cause I KNEW my rights (lol) and learned quickly that its too important to those in power, to keep the power and they will simply out-money you when you are right and the ONLY way to play the game and win, is to play by the rules that they have laid out (which is usually some kind of compromise/plea/fine cause that way everyone's palm along the way is getting greased and it pays the salaries) otherwise they simply squash you like the insignificant flea you are. 

So while lawfully you are correct and they certainly do NOT have the constitutional right to violate the 4th amendment against your wishes and search your boat without cause, they DO have legal statues, created long ago that give them very broad powers....to basically do what they want and get away with it and they have out-monied enough people now so there are mountains of case law and precedent....so your actual "rights" no longer matter because most US courts, operate/rule on precedent and case law, nothing else. So you can say and do everything right and you will still lose cause being constitutionally right, simply does not matter any more. Sucks, but is simply a fact of life now. Best bet is to just fly under the radar and follow their rules if you wanna use their waterways. 

Link to comment

Put a fishing pole in your boat and/or have fish as a part of a creel limit as per state or federal law and you do consent and will be boarded to check quantity and size of fish.

With the wildlife and fisheries, that also do safety checks, it happens every day in Louisiana cause we have large creel limits. So it’s not like you can pull out your 1or 2 fish allowed under other states limits.   Even if you could they wsnt to check all holes for storage for hidden game.  Do this at night,  and depending on circumstances they are patrolling  like illegal gator hunting,  and I have had shotguns pump loaded by them just for effect.  It was 3am and we were arriving at launch after getting stuck in shallow water 

they do not Board us for safety checks unless they are suspicious of dwi or other reckless behavior and even then it isn’t an immediate event  

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...