4th Amendment Violated? Coast Guard Boarding 

People should really educate themselves on 14 USC 89.

They asked permission and you gave them permission. End of story.

When you said "C'mon board" you provided authorization.

There was no SEARCH, this was an inspection, just as they stated when they pulled up. They inspected safety gear. They mostly just sat there and inspected things you handed them.

FYI: The Coast Guard has the authority under Title 14 USC 89 to make inquires, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, in order to enforce federal laws. The Coast Guard can inspect any craft at any time in their jurisdiction. They do not need your permission to board your boat.

Its a safety inspection. What was searched and seized? I believe they asked for safety equipment and proper documentation. You provided, they returned. If you had only bought some new flares you would have got a perfect score. Good job being so prepared.

Seemed respectful to each side. Agree with your final summary of benefit to have a safety check.

i think the cost guard guys are very friendly and its their job to make sure everyone is safe.

Amazing when your polite and respectful how easy it allows the guys do their job.....

MY opinion I've owned boats all my life I've never had a an issue with any of the coast guard or them boarding us they are always respectful NO attitude good guys !!!! 🇺🇸

With the weather conditions that were there that day , they just wanted to see if you were prepared for any situation . You gave them the OK to board and inspect . Very good

I have been boating since the early 1970's and have had only two interactions with the CG. The first was in the mid 70's we were cod fishing just southeast of the Montauk light when we lost a blade off our prop and they came out and towed us in. That was the good old days when they still provided such services. The second was 2017 in Barnegat bay. It was closing day of the fluke season, when the two coasties came aboard to inspect us they saw my long time fishing partner Tom was an amputee they asked about his leg affected his ability to function on the boat. They then found out he was a disabled Viet Nam veteran, I thought they were going to salute him. We were treated with the upmost respect and yes we still got a thorough inspection. As for me I always feel better when I see them around.

😃 Thank you for your concern, service US Coast Guard and all Wardens. I only wish there were more of you. All of my experiences were appreciated and performed with respect. Again thanks a bunch for being there!

Hi.. Thank you for sharing with me this experience. I once was boarded by Marine Patrol and that was also a good experience; however, it can always turn ugly if unprepared or by having a bad attitude. Cheers from Miami, Florida.

I think the coast guard was just doing their job and a safety check like that is fine in my opinion. I seem to get boarded every year or two (it’s a 12 month free pass after your boarded). Usually in the early or late seasons when their aren’t many boats out. The Guardsman I have dealt with have been nothing but professional and I have always had great conversations with them. Many boaters do not take safety seriously enough, personally I think the hoardings help awareness on that. I ever have an issue when it happens.

A safety check, of which they have an established checklist (or so it seems) but one guy has to go to the rules(law) to check something. It’s my experience if they have to check “the laws” they’re fishing for something to write you up for.

I don't know about the coastguard rights but you were very well prepaid, It's good to see someone that knows what they have to have and do. GREAT!!!

Back in 2015 I bought a new Sea Hunt 27 with twin 200 HP motors with all the Coast Guard equipment . There were about 25 boats near me and I was the first one they boarded . After me they went to a few others then left the area . They were polite and friendly and I never felt like they were looking to hurt anyone. Last year I was boarded once and not at all this past year.

Fourth doesn’t apply. There was no “search.” Only legally required documents and equipment were requested for inspection. The persons onboard were only detained long enough for the limited inspection to be completed. Judicial president supporting such maritime boardings is well established within the US and internationally.

Just saw this video and recently got into boating. I am also truck driver. The coasties are like the DOT for us truck drivers. As long as you do what your supposed to have all safety equipment and inspections done and stay within the rules. You shouldnt have any issues. Especially if you treat them with respect the way you did. Most of the time you will get a verbal warning or if its its something small that needs to be repaired to keep you and the rest of public safe they will let you fix the issue. Gotta keep in mind an 80,000 lbs tractor trailer is bigger than any car on highway those DOT guys just like coasties have a job duty responsibility to keep everyone safe. I havent had any interaction with the Coasties Yet but will look forward to have them do a safety inspection being new to this I want to make sure im doing it right so I can keep myself friends family and fellow boaters safe. Im sure i will be nervous but i will definitely be cooperating and ask more questions then them. Anyways great video and salute to you for being prepared organized and respectful im sure that goes a long way just like with the DOT crew. Stay safe and thanks for posting this video

Funny story....I was called to heave to by the local Coasties but we were finishing a race, so I said "No, you can come and get me over there" pointing to the finish line. My crew thought I was out of my mind and we continued to sail on to the line. They were good guys and left me alone. To this day I am the only person I know that has successfully told the Coasties NO.

This past season was the first year I was not boarded by the Coast Guard. I boat out of Sea Isle City NJ and the Coast Guard Station is only a few blocks from my Marina. I have NO problem with them boarding my boat, they are always extremely professional and friendly. I have the highest respect for these service men and women and to know they will be there when I might truly need them.

You invited them on board = consent

I was a Coast Guard boarding team member and was studying to be a boarding officer. Unfortunately, this guy is completely incorrect. Under 14 USC 89a, the Coast Guard does not need reasonable suspicion or probable cause to board your vessel. It's a safety inspection of your vessel to ensure that your vessel is sea worthy along with your vessel is safe to operate without endanger your life. This is clearly laid out in 14 USC 89A. The CG does not need any cause to board you ..... they simply can. Along with this, if a search was conducted, the CG is the only law enforcement entity that does not require a warrant to search a vessel. THIS IS CLEARLY LAID OUT IN U.S. SUPREME COURT CASE LAW. It can only search on probable cause. This is due to the environment the CG works in and it would require unreasonable time to obtain a warrant to search a vessel. This is why, based on probable causes which is the basis of a search warrant, the CG can search. So in all honesty. What the CG did in this video was perfectly legal.

As an ex coastie these guys doing this makes me feel so proud,not to mention glad to see you were good with the guys who were doing the boarding,peace and blessings.

Thank you for an excellent video. You were ready to defend the 4th amendment...thank you. I have worked in the marine world for my entire life. I have never and I mean never, met a USCG troop who did not maintain the best of professional and legal decorum. Every encounter I have had with the USCG was an exceptional experience. They have saved my ass on three occasions and have assisted me on a dozen other situations. Again, thank you for an excellent video and a kind support of out Coast Guard Troops...well done.

I enjoy Coastie inspection. They use an aluminum cat about 60' out here that hauls ass and is quiet as a 👻.

I’ve seen a few comments about the CG having the ‘right’ to board. People have ‘rights’... law enforcement has ‘authority.’ The CG has the authority to board. I see both takes on the boarding. Great boarding team. Great boat operator. Thanks for the video

The USCG can board US Registered vessels anywhere in the world. They can board foreign vessels in US waters. If a foreign vessel is on the high seas they must obtain a "Statement of no objection" from the flag state in order to board. The SNO is obtained via the State Department.

They can absolutely board for safety inspections 100%. I am a licensed Capt and run a charter boat for a living. FWC had even more power

John, go to your closest CG station at the beginning of the year. They will be happy to do a boat check for you and give you the yellow sheet, so other then fish checks you should be good the rest of the year.

Coast guard can board your boat at anytime, out on the water or in the marina. I’m surprised how many people don’t know this.

They're just doing their job like you're supposed to you're not doing anything wrong or I live here in Alaska and I thank God for the Coast Guard every day

Like so many other people here said. They asked for permission to come aboard and you welcomed them with open arms. You gave up your rights. On another note. That was some nice fishing going on there. Black fish are really good eating.

I agree with you 100% they got a job to do that nobody respects the only time they want to see them is when they need them. I learned a long time ago with anymore enforcement agency a little respect goes a long wayEspecially when you have nothing to hide.

As a former Coast Guard Licensed Boarding Officer the only thing I needed to stop and inspect a vessel was a desire on my part. I did not have to have justifiable cause to stop and inspect a boat. This ability was given to me by federal law when I passed my Federal Boarding Officers License.

Love the peconic bays. Commute for work sometimes from hb to eh and always stop to fish along the way

When you take your boating licence test at least in alabama when i took it this week you go threw a part that says you understand that the coast gaurd can board and subject you to things like achohal test.

Look bud I get it. I hate to be bothered when out on the boat fishing. I was boarded last summer which took about 20-25 mins and had me pissed off because the fluke action was hot. On the other hand these guys have a job to do and when you need them they are there. Again they are always pretty cool and I’ve known a few guys that probably would not have made it if the coast guard didn’t show up to there mayday call

Extremely professional and very extremely friendly. Coast Guard is there to help and protect us all..I salute them😎

The supreme Court established a long time ago that the USCG didn't need search warrants when engaged in it's duties of enforcement of US law on waters subject to US jurisdiction. Going to a federal magistrate is difficult on the ocean. The purpose of the inspection is to determine compliance with the Boating Safety Act (flares, life jackets, fire extinguisher, etc.). If during the course of the inspection, I see reason to believe that there are drugs or other illegal stuff, then I can search further. I only need to be able to articulate the probable cause. As numerous smugglers have found out, the 4th amendment is modified (not eliminated) at sea. Same rules for pollution and customs inspection.

I have been out on waters since 8yrs old to now born in 1960 have always been boarded and as long as YOU keep within the rules of whatever you are doing you should have no problem with the coast guard or fisheries boarding they are their for all people to protect and keep everyone to their limits of what they are doing and catching and as people say on here respect and you shall get respect keep current on everything you have on your boat and make sure your crew also shows respect it is up to you to handle your crew be safe out there and enjoy

On the water the USCG has more authority than any agency. The 4th Amendment doesn't apply. When I was in the USCG (reserves) 35 years ago, in Class A school they always made a big deal out of mentioning that we have more authority than the FBI while on water.... being 19/20 yr and in a military mindset, I didn't ask in depth questions about it, just took their word for it.

Had a nice interaction and they were nice guys. Doing their jobs. It can be a really annoying experience at times but everyone was so good about it that it became more like a team effort. And there was no disruption.

It’s a Safety Check. Get a safety check from the Coast Guard Auxiliary then you get a sticker for your boat. When the Coast Guard see’s that your good to go. It’s all about YOURS and OTHERS safety.

I have sailed up and down the eastern coast of the US in my travels to and from other countries.and have only even found the Coast Guard to be extremely professional and friendly. We boaters need to always be thankful they are there to save us when we need it. What better reference could they come with, they have all my respect.

Safety is important! Would it be better to have to go thru a yearly inspection off water with a sticker yearly?

I was a boarding officer in the CG for many years. While stationed in San Pablo Bay, most all of the local PD's/Sheriff's would call almost daily asking to go out on boardings with us, because they had to adhere to the 4th amendment search and seizure laws and we did not. Buy the CG initiating the boarding from a CG vessel, the PD/Sheriff was acting under the same authority as the CG. They loved it. They used to laugh about how much authority we had and would say, "Man if we did this on our own, we'd get sued!". I agree it's crazy, but it's the law. Title 14 USC 89 ain't no joke son.

I got boarded off the Cali coast Mossdale, and CG treated us like we were criminals. I have 33' Grady and they did their safety check sign me off, then still wanted to check any inch, I told them they were done get off, then one ask me what my problem was and I gave him an ear full of you showed no respect and will get no respect so get, they left but could have search the whole boat, but I think they were embarrassed. But your boarding was pretty respectful, and we do need the safety checks because some people just think it's a party on the water and end up in trouble and you have to help them ruining everyone's day. Be safe and knock'em dead thanks for listen and the upload.

Good video and good discussion. Let me first be open in that I served in a capacity as a USCG Boarding Officer and the second part of that is I never wanted anything to do with performing law enforcement duties. My interest was in the search and rescue side of the business, but the LE aspect was a part of the cost of admission. I won’t get into the legal stuff, mostly because I don’t get off on any of it. I’m an American first and value my freedoms and liberties which means I respect the laws that secure them, but doesn’t mean I don’t disagree with some of them. On to my comment...one thing to note with the USCG when they are out conducting boardings, they are flying the flag and being seen to create a presence. This is a much different approach to much of the policing you see nowadays from other agencies where they provide no presence and lay in wait to write citations...traffic operations is a good example. How often do you see the patrolmen making themselves visible and creating a presence? Rarely it seems. The other side of the coin is that these inspections really do help preserve the safety of the boating public, but is intended to be an opportunity to build relationships with the boating public and educate. That work hopefully will help to avoid a messy, dangerous SAR call that almost always comes in the worst conditions where lives tenuously hang in the balance. Note that I speak only for myself and not the USCG, nor for those I served alongside, me and me only. I’ve lost more than one good friend on a few of those calls and each of those were completely preventable, but like the rest of us that took the oath, that’s the risk we all agreed to. Thanks for tackling this discussion in such a respectful and thoughtful approach. All of the best...

If you want to avoid the typical boarding safety inspection, then take your boat to the nearest CG office and get the once a year inspection and sticker, then on the water just point to the sticker and they wave and leave. Every year the Taxpayers spend several hundred$million on Coast Guard services to save people on the water. More than half of those incidents and lives lost could have been avoided had the boat owners been responsible and completed the yearly inspection they would have known they needed to upgrade their safety equipment. Complain all you want, but when your ass is flailing in the water with your boat going down and your children scared shitless freefloating in the ocean with sharks, and the Coast Guard rescues you, you'll be baking them cookies for the next 10 years, thanking them for their $20 Million dollar Helicopter and Awesome Team that saved your ass.

In all fairness, you gave them permission to board your vessel. It made for a great video, they seemed to me, to be super professional, and makes me proud that they are guarding our seas!

The Coast Guard has every right to board for a safety inspection. They are the only agency that has that right. That is all these professionals were doing. You should Thank Them for they may have just saved you life. Semper Paratus.

I think that you sign in your marine registration that you are subject to CG "Safety" inspections. I know you do when the vessel is US Documented. It's a hassle and often inconvenient but they do attempt to make the water, coastline a safer place. I do think that the inspections should not exceed"safety and operational equipment. Not the heads unless they have probable cause...not lockers etc. Drug trafficking and drunk boaters have changed the focus of the CG these days.

You handled that boarding perfectly

I think like you said, it was very reasonable, they're very respectful and professional, and they also make sure that you're up to spec and safe (showing you your flares were about to expire. some other boardings have simple things like they recommend bright color PFDs like you have instead of black PFDs, so in case of man overboard / search and rescue you stand out against the dark water). Overall, great. Especially considering 14 minutes out of a full day of fishing is all it takes.

I went in the Coast Guard in 1968. A lot has changed since then, you can never be too careful. Their are a lot of JERKS, on the waters. LOL. I would love to check your boat out. I'm sure they mean well. At my age all I want to do is go fishing. Life is good. Fish on.

You may want to consider getting a coast guard auxiliary safety sticker just shows the coast guard axillary is inspected your boat for safety. I know back in my day as a coast guard boarding officer if I see that there's a bunch of guys on a boat and had that auxiliary sticker I just make sure they had enough life jackets for everybody

Its a safety check to make sure you have all the equipment required

Most offensive part of the stop was the Sweeney short joke, I'm sure him and I would see eye to eye..lol. Legitimacy of the boarding aside, I welcome it. East end boating may not have the volume of reckless, uninformed dangerous boaters as we have up island. I enjoy seeing the Coasty presence.

They did a very professional job! Not unreasonable at all. They asked and were given permission to come aboard. And there was one violation they overlooked. Actually registration certificate is require to be aboard, no photocopies or laminations.

You were lucky the DEC wasn't with them, it would have been longer, too chatty too.

If you are traveling or fishing on inland waterways that are connected to the sea they have the authority and responsibility to inspect your vessel at any time. The Maritime law covers this aspect as well. Has nothing to do with the 4th amendment.

John: I couldn’t hear the audio clearly but it sounded like CG asked for permission and in turn you consented to the boarding and the search. If that is correct, there is no unreasonable search issue.

To all and B Stav - 1) title 24 section 89 (1790) which was an Internal Revenue Services Act is 2) at odds with its predecessor 31 section 581 Tarrif Act of 1922....3) and 19 USC 1581(a)(1982) (Note this more recent date)....4) .and its intent was never to violate private citizens or property, 5) further 28 USC 453 oath of offices, 6) article 4, and 2A “anything in contradiction of fundamental protections the US Constitution prevails”, 7) further still : 16 million private boats since this 1790 8) 1790 enactment’s main purpose was to collect tariffs on cargo vesssels entering US waters (COMMERCIAL VESSELS) - 9) 1790 “enactment” was originally intended for COMMERCIAL PURPOSES .......10) and now government has once again OVEREACHED and infiltrated (like “drivers license”) into PRIVATE Americans inherent guaranteed and protected rights , 11) there seems NO LAW SCHOLARS who support suspicion-less searches, 12) NO ACT OF CONGRESS CAN AUTHORISE VIOLATIONS OF CONSTITUTION, 13) No degree of public safety may circumvent the inherent unalienable guaranteed protections of the US Constitution, 14) NOTE : the MOST recent US Supreme Court decision 1980 US v Williams - Justice Alvin B Rubin “ the shield against unreasonable searches DOES NOT RUST ON EXPOSURE TO SALT AIR.” 15) Of note: most US Supreme Court cases in this matter have been brought by drug dealers.....the 1980 case is telling regarding PRIVATE property /boats........and finally : 16) no act of Congress can authorize a violation of the Constitution. 17) NO REASONABLE JAG OFFICER would argue these FACTS of law, inherent protections, against their oath of offices.......should they make the mistake - I am happy to litigate the matter with the fine officer of our armed service toward an outcome consistent with their own intended purpose ......... It bothers how easily someone allows these rights to be violated - at the very least these boaters should have SHUT UP and exercised their 5th - Jags - I am open to rebuttal - however you Board my private boat without articulable probable cause of a CRIME - looking to write “tickets” for the enjoyment of a right see Shuttlesworth v Birmingham and Murdock v Pennsylvania - your going to find the matter In The court along with your officers - and if you convert the exercise of my right into a crime or punishment - you may find personal liability without immunity for operating under color of law without jurisdiction........ Rebuttals welcome

I've always considered this the norm. Never even thought it to be a violation of my constitutional rights. However, the more I think of it, I can see why people may think it is. If this were your car, motorcycle, home...etc. pretty much anyone would feel violated. Hey, you've been boarded, should be all set for next season now. Wave that yellow paper and they should turn off.

You know I'm not on the laws side breaking the fourth amendment, but boats as with vehicles all require licensing not only for the vehicle or boat but and/or the driver. Whenever you deal with licenses for anything you usually find that the laws provide these licenses are not our right but rather a privilege assuming we agree and continue to obey the rules we agreed to when we signed for said licenses. Part of the rules for these licenses usually includes cooperating with law enforcement and providing ID Etc. Thus The Rules of Engagement are not so much the Constitution but rather than the contractual contract you made when you signed your license. Anything not covered by licensing rules and regulations could then possibly fall back to the 4th amendment or other laws and statutes of the state. So as I see it when you're in a boat or a vehicle the only way you can completely fall back on the 4th amendment is if you claim Sovereign citizen status where you wouldn't need any license which as I know it hasn't proven to be a legitimate or reasonable working premise.

OKay here is the basic laws for you "The U.S. Coast Guard Boarding Policy: ... The U.S. Coast Guard does not require a warrant to conduct search, seizures, arrests over any United States Waterway or high seas. The U.S. Coast Guard also have full legal law enforcement power on any land under the control of the United States, as needed to complete any mission" So they can board you if they want to if you are in their mission area , which is anywhere in international and US Waters

I guess it's called the land of the free, not the seas of the free...:) We need more fishing videos for the winter, keep 'em coming ;)

I don't think you have any idea all of the things and reasons that the coast guard board each vessels I don't know but they are there for each country's safety.

The coast guard doesn’t need permission to board you lol, it’s just a courtesy. If you say no they’ll board you anyway.

How does the coast guard handle situations where if they boarded your boat, your boat would be over the passenger limit of your boat?

I was a Boarding Officer for the Coast Guard from 89-92. While the Fourth Amendment may protect the citizen, law abiding or not, from the threat of an “unwarranted” search, that protection ceases once the citizen is on a vessel. The Coast Guard has sweeping authority (14 USC 89) to board any vessel (subject to the jurisdiction of the United States) at any time, any place. It does not require a warrant. It does not require probable cause. This is covered by 14 USC 89. U.S. Courts over the last 200 years have consistently validated the right of the Coast Guard to board and inspect vessels, probable cause or not. It's just easier to comply with the team and get it over with.... make everybody's day easier. (I just wonder if they still use the 4100 forms)

I see absolutely noting wrong with the boarding of the United State Coast Guard. They are doing there job keeping the boating safe and fun for all. And for the ones who a problem with that are the ones who are calling the USCG for help.

What I think your fire extinguisher needs to be readily accessible. Your life vest are cheap Walmart. You’re going to want the best if an emergency happens. You should have more like 10 flares not three. You’re going to want 100 when your motor doesn’t start and the night falls.. Everyone does what you’re doing until you gain experience. For the boarding: they do the same in Florida. They’re just looking for money. Thanks for the vid.

I have no problem with the USCG boarding,as long as they are respectful. Their boarding and checking your vessel could save your life or those on board. Let's face it we are human we can overlook something that could be an essential for survival in case of an emergency.

coast guard has sweeping permission to board any vessel at any time when ever they want even without a warrant

The U.S.C.G. is part of our homeland security force, (TSA), as well as acts as the fifth arm of our military. I have been boarded in the past to ensure my vessel is in compliance with established law and to minimize the probability of a small issue becoming an emergency. I commend the Coast Guard for their service and shout out a big "Bravo Zulu" for their actions. I also crewed small craft for the U.S.N. for 5 years and you wouldn't believe the safety issues and pure idiocy that is seen daily by our uneducated boating public. Everybody ought to take a Coast Guard course on rules of the road on U.S. waters before getting behind the console of a boat!!!!

What's the problem? When there's an emergency caused by a boater that doesn't know s-it about boating they move into action. The taxpayers pay for this and they don't have a boat. It's a safety issue and they risk their lives. You're lucky you live in this country as a boater. I sold my boats years ago when I reached a certain age and felt I needed to. Good luck and enjoy the water.

What brand electric motor do you have on front? And are you satisfied with it. TIA.

There needs to be a one time inspection while the boat is on land and have a transponder or like a prepass that the boat and all paperwork is all in order where you won’t have to be boarded where the CG can receive your boat information from a distance

they have there shit together so good mucho bueno

Guess they thought you were jerks 🤣 jk Happy fishing 🎣and hopefully less boarding in your future. Next video. 😁

So living on a boat is forfeiting my 4th amd? Actually they are allowed to do a safety inspection a search still requires probable cause or a warrant

The coast guard is there to keep you safe, by going on board they want to make sure there is no violation. They inspect to make sure people are following rules. It is a safety issue after watch Coast Guard Alaska I have the utmost respect for this organization because they care.

Absolutely no issues here; USXG is out there to ensure our safety and security, boarding any boat for a safety inspection is in our best interest. We call them when we have an emergency to come and save us, END OF STORY! By the way those guys were great, professional anf did a terrific job!

I'm more pissed that you didn't have the song in the beginning of the video.

Good safety search to me. They asked to come aboard, you gave permission, they were very professional and polite. I have no problem with the USCG boarding any vessel for boater safety drug trafficking and human trafficking etc

In my 50+ years I have had well over 30 encounters with the USCG while boating. I have never had a bad experience, nor even an inconvenient stop. They have always been thorough, fair, and professional. I think other LE agencies could learn a lot from them.

It looked like a very normal stop they and you were both polite and civil the way it should be the Coast Guard has the right to board to check out the boat they are checking out safety equipment and paper work for the boat with all the illegal drugs and guns coming in by boat they put themselves on the line every time the board a boat I thought they and you acted very professional

These safety checks are good for some of the guys out there that don't have the proper gear / safety equipment. It really is for you and everyone's safety on your vessel .🇺🇸

I can certainly understand the argument of 4th amendment violations but they aren't searching for criminality. It seems to me this is nothing more than maritime safety checks and compliance.

As a boater you would think a CG boarding is a crock of crap and shouldn’t happen. But no. The reality is you NEED to make sure have all the right safety equipment and it is all up to date because when you are out on the water it is just you God and the boat and only one of you can react in an emergency if you have the right tools. Boat safe and fish like a mother. .....

Your on the water in u.s waters that puts you under the maritime act and they have the right to board and serch your boat thats why you have all the boats paper work on the boat

The Supreme Court has ruled that the 4th Amendment does NOT apply "at sea". Coast Guard can board at any time, without probable cause.

The USCG has any and all authority to board any vessel.

For them to board is to educate and make sure you have the proper equipment it comes handy when a tragedy happens. They risk their lives to save people.

Hey John I think that they have a job to do it’s better to be safe than sorry.

Found this on a law firm's website. Great explanation to those of you who want to piss and moan about the United States Coast Guard and their duties once you decide to take to the water: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Amendment IV, U.S. Constitution, ratified 12/15/1791. The Fourth Amendment to the U.S. Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was written in direct response to British general warrants which empowered British law enforcement to search virtually any home, at any time, for any reason, or for no reason at all. The Coast Guard’s primary law enforcement authority is derived from 14 USC 89 (made law in1949) which states in part, “The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of the laws of the United States for such purposes, commissioned, warrant and petty officers may at any time go on board of any vessel subject to the jurisdiction, or to the operations of any law, of the United States, address inquiries to those on board, examine the ship’s documents and papers, and examine, inspect, and search the vessel and use all necessary force to compel compliance . . .” While the Fourth Amendment may protect the citizen, law abiding or not, from the threat of an “unwarranted” search, that protection ceases once the citizen is on a vessel. The Coast Guard has sweeping authority to board any vessel (subject to the jurisdiction of the United States) at any time, any place. It does not require a warrant. It does not require probable cause. Boardings need not be based on a suspicion that a violation already exists aboard the vessel. Their purpose is to prevent violations and the courts have upheld this authority. Also, the Coast Guard has full legal law enforcement power on any land under the control of the United States, as needed to complete any mission. 14 USC 89 has its roots in the Revenue Service Act of 1790 which provided “all collectors, naval officers, surveyors, inspectors and the officers of the revenue cutters . . . to go on board ships in any part of the United States . . . for the purposes of demanding manifests . . . examining and searching the said ships, and the officers shall have free access to the cabin and every other part of the vessel . . .” This statute was passed by the first Congress, the same Congress that enacted the Bill of Rights, including the Fourth Amendment with its guarantees for citizens to be secure against unreasonable searches and seizures. By enacting the Revenue Service Act, the first Congress showed unequivocally that the Coast Guard’s significant law enforcement authorities to board and search a U.S. flag vessel anywhere in the world, as well as vessels intending to call on U.S. ports, were consistent with the Fourth Amendment. U.S. Courts over the last 200 years have consistently validated the right of the Coast Guard to 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. The unfettered search authority by the Coast Guard has its merits, especially in a world where random acts of terrorism are a constant threat and smuggling of illegal drugs into the U.S. is rampant. Supporters also point out that “the government certainly has a vital interest in ensuring vessels on the high seas are safe, seaworthy, and properly documented.” See Constitutional Barriers to Smooth Sailing; 14 U.S.C. 89(a) and the Fourth Amendment by Megan J. Knight. Indiana Law Journal Vol. 72, Issue 2. In her article, Ms. Knight recognizes the inherent conflict between the U.S. citizen’s expected right to privacy and 14 U.S.C. 89, and suggests that these vital interests, however “should not be advanced at the cost of sacrificing the constitutional freedoms of law abiding seafarers.” However, if you are expecting the Courts to reverse decades of decisions finding that 14 U.S.C. 89 searches are not in conflict with the Fourth Amendment, forget about it. In today’s society where everyone is subject to mandatory searches without probable cause every time you board an airliner, enter a government building, state or federal, or major sporting event, the power of the Coast Guard to search any vessel at any time is not going to be fettered. It will take an act of Congress and that will never happen.

Do they board boats when they're under way? As in 'pull it over'?