Coast guard can search vessels without cause, but can they search you?

[archcycle]

I get that CG has exceptionally absurd authority to search vessels in US waters and this question is not quite about that.

Returning from offshore fishing with some friends I was told by fishing law enforcement to head to a Coast Guard station very close to where the LE stopped us.

The CG searched Everything. I mean everything. They went through each compartment and box of our tackle bags, dry boxes, shined lights into bilge areas, lifted cushions, unrolled beach towels, etc. until finally it was clear there was no contraband on board, and I had passed a field sobriety test (given to me on a 15+ degree inclined concrete pad.. good thing i was not intoxicated ).

When we left about 90 minutes later, I was amused to notice that for all this trouble that involved opening a sealed cigarette pack, nobody ever even suggested the idea of searching any of our persons.

I did some google searching and didn't see anything even addressing searches of PERSONS aboard vessels whether yes or no. Just not mentioned.

So I'm curious now. Was this just an oversight in the whole ridiculous theater? Or can they only search the vessel but not YOU without cause?

 

[Old Ironmaker]

I know they can here in Canada. I have never heard it happen unless contraband was found onboard. I imagine if you are arrested the first thing they are going to do is frisk you before taking you away.

 

[roffey]

Here in Canada I believe they have to have reasonable cause or suspicion and if they don't it will get tossed out of court... meaning they have to see or smell something. In my neck of the woods its OPP (Ontario Provincial Police) that police the water.

 

[Old Ironmaker]

Here in Canada I believe they have to have reasonable cause or suspicion and if they don't it will get tossed out of court... meaning they have to see or smell something. In my neck of the woods its OPP (Ontario Provincial Police) that police the water.

The reasonable cause here roffey is the boat. More likely to have poached fish on a boat than not. Many documented cases. This spring they had a roadside spot check pulling only vehicles with boats over.

 

[wahlejim]

From what I have seen and heard, they will only search people if they have probable cause to do so. This consists of finding something on the boat that would give them probable cause or observing illegal activity from a distance (ie smoking a joint observed through binoculars).

One thing to keep in mind when encountering LE officers is that their job is concerned with safety, which needs to be heightened on the water. There are some people who complain about their authority, attitude, demeanor, etc. Bottom line, if you aren't doing anything illegal, you have nothing to worry about. If you do get stopped for inspection, it is your responsibility as the boats captain to know what they will be looking for. The major things are fire extinguisher, PFDs, throwables, battery covers, and proper paperwork like fishing licenses, registration, and if you are boating in an area that requires insurance, proof of insurance. More often than not, if you have all of those things ready to go and organized, cooperate with them, and have a friendly conversation with them, it stops there and you are happily on your way.

 

[ajgraz]

Only thing I miss about my 15' boat. Under 16', not enough ticketable opportunities (i.e., equipment requirements) to be worth USCG's notice.