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4th Amendment Rights

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Old 04-26-2016, 12:58 PM
  #21  
Dominant Buck
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I think the issue and the reason why I brought it up was touched on by Super Hunt. The disparity between different law enforcement agencies and the areas where they work. I understand some state game wardens have more ability to search a vehicle than a cop even when there is no probable cause. The USCG has the ultimate ability to search even when there is no reason other than looking for a violation. They were all younger guys and were very polite and professional but it was strange that I had no rights when I was in my own boat and not bothering anyone. They approached me and it was obvious what I was doing and they never asked to see my fishing license.
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Old 04-26-2016, 01:14 PM
  #22  
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This is a fun topic. On the show your ID issue, in CA, you are required to identify yourself if asked. That can be satisfied with verbal ID if such identity can be verified by computer. Now if you're driving and don't have your DL in your possession, you can be cited (issued a ticket) for that.

CI, OT was correct in that no cop is going to want a person they've contacted in the field to put their hands on a weapon. It's much safer for the officer to retrieve the weapon.

As for your fishing license, if you were in state waters or someplace where there isn't a federal fishing license requirement, the CG might not be cross sworn and therefore not legally able to enforce local (state) laws.
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Old 04-26-2016, 01:28 PM
  #23  
Dominant Buck
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What a job. Ride around on a beautiful lake in a boat with twin 225 Honda outboards fully armed with unlimited search power. My kind of job. I wish I weren't so old.
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Old 04-26-2016, 07:05 PM
  #24  
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Plus you could figure out where the fish are biting and get paid for it.
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Old 04-27-2016, 04:59 AM
  #25  
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Well, glad it went well for you CI. As one member mentioned the CG has a wide range of authoritarian power granted to them and as Flags mentioned so does the Navy. Boats are not to be viewed in a similar fashion as a home or a car even though they are used in the same matter as them.

Here is the link to the article the portion quoted by someone above is from:

CG Boardings

It is pretty informative for anyone that partakes in boating. I guess like CI most don't realize this is a reality when viewed in the light of rights. I have always known this so it seemed at first like a no-brainer to me but I guess we all develop our understanding of issues based on experience.

You wanna see the fright factor you should have seen some of the boaters reactions off of Catalina island to south off the coast of mexico when we performed this on them. We would pull up full speed (USS Shoup) behind the boarding crews with our 60's hovering above with the 50 cal aimed on decks. So many search lights shining and so many guns on people that often times where drinking and having a good time aboard.

Forgot to add, the other thread about carrying while out fishing, those folks may also want to take a look at this thread.
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Old 04-27-2016, 01:54 PM
  #26  
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Originally Posted by Champlain Islander View Post
What would disarm mean? Ask for it and for me to hand over or allow them to take it out of a holster or pocket? In the latter case that would have bothered me. I often have it in my truck concealed on my person and have never been stopped while it was on me. Just wondering what would be the procedure? I never take it in the boat.

I wouldn't reach for my pistol under any circumstances in that situation. If they want it let them take it.


As for the rest they are not law enforcement they are the military. I've had firefighter friends fishing tournies on Lake Champlain get checked. So, I guess it's what they do. Just your lucky day.
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Old 04-27-2016, 02:14 PM
  #27  
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No Mickey you are wrong, they are law enforcement without a doubt!
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Old 04-27-2016, 03:33 PM
  #28  
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Originally Posted by Mickey Finn View Post
I wouldn't reach for my pistol under any circumstances in that situation. If they want it let them take it.


As for the rest they are not law enforcement they are the military. I've had firefighter friends fishing tournies on Lake Champlain get checked. So, I guess it's what they do. Just your lucky day.
Might want to reread into the power granted to them.
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Old 04-27-2016, 04:55 PM
  #29  
Dominant Buck
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Personally it was a little upsetting since I was on a great bite in cold and windy conditions in a small fishing boat fishing in heavy seas. They were doing their job and suspect it was more of a training session since one of the officers that came aboard was getting direction from an obvious superior. That being said my inconvenience was mitigated by the fact that they are there to protect all the boaters on that big piece of water. If my boat were taking on water and I saw that orange CG boat my bet is I would have been glad to see them. I just wish the fish were still there after they left.LOL
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Old 04-27-2016, 05:26 PM
  #30  
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Maybe you should have asked them for some tips since their boat probably has an even bigger fish finder. It would only be fair compensation of course.
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