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mangomuffins · 03-10-2008, 15:23

Quote:

Originally Posted by wolfenzee

The US Customs boat that boared me, did a complete search of every locker (while in nasty seas), I still had to clear customs when I got in. The USCG when boarding checks every nook and cranny and does a "drug swab" if and residue is found your boat *will* be confiscated, regardless of who or when the drug use happened.
I am seriously considering moving me and my boat to BC, would remain a US Citizen with "permanent resident status" in Canada. It's pretty bad when the state of affairs makes me feel uncomfortable in my own country.

Can anyone point to a specific instance where a boat was confiscated because of a positive drug swab where drugs where not subsequently found aboard?

mm

imagine2frolic · 04-10-2008, 11:06

Amytom

Respect gets respect. Once again I ask the same question to your sentence. Don't give them a reason to make a mistake. I have been boarded before, and these people were considerate, and respectful. There's a bad apple in the barrel at times. Sounds to me with your last sentence you want some one to cower down, and not necessarily give respect.

bill352 · 06-10-2008, 08:19

Quote:

Originally Posted by mangomuffins

Can anyone point to a specific instance where a boat was confiscated because of a positive drug swab where drugs where not subsequently found aboard?

mm

Unless I am mistaken, amytom works directly in this area. Perhaps he or she can tell us what happens when one of these swabs comes up positive.

(When I was in, any swab who came up positive was sent to - never mind. This is supposed to be a serious discussion.)

I cannot stress enough my agreement that proper attitude and respect are vital for both sides in these situations. That said, however, boardings must be conducted according to law, which poses the two questions I think we ought to be discussing:

1. Are the laws such that your civil rights are being overridden?; and

2. Regardless of your opinion on #1, do you have any recourse when the behavior of the boarding officers is inappropriate, however you choose to define that? Is there someone to whom you can report the incident who can and will investigate and take action, if justified?

My answers are: 1. Yes; and 2. Theoretically yes, practically no. If the LEO is Barney Fife in a bass boat, maybe you can call Andy and get it straightened out. If it is "homeland security", whoever that may be, you won't even know whom to call.

I know some are happy with the current situation and some are not. I am not, but, frankly, I have no idea what to do about it.

imagine2frolic · 06-10-2008, 08:37

I called the Commanding Officer in Miami, and he chewed some butts, and was well aware of one offender in particular. He apologized to me, and then gave me a warning. Now that they had their butts chewed they may want to board me again. He asked if I had all my bells, and whistles intact, and if the boat was right. I assured him it was.

Months later we returned to Miami around 2am. There was the little orange duckie sitting at the breakwater. As we entered the channel I warned my wife to use the video, and not let them take it away. To just keep filming if they boarded us. I went forward to the bow just as they raced forward, and threw on the spotlight. There I was with my finger in the air cursing them. They immediatley stopped, and turned off the light. I can only imagine them rolling on the floor laughing at me, but hey I got my piint across to them........LOLOLOLOL

amytom · 06-10-2008, 09:01

Sorry for the delay in responding. Yes I do work in this area. A positive swab is considered "probable cause" for a further inspection on land . At sea probable cause is clouded with other responsibilties. The testing helps to determine which boat to spend more time on. If the previous owner of your boat was a drug runner (auction boat maybe) then you may test positive for years to come but you still haven't done anything wrong and wont be aprehended. Now if they find an old stash in the holding tank then you are technically in posession of narcotics and depending on the quantity they may presume intent to distribute. I personally tested my boat when I bought it just to be sure.

As far as respect goes, my comment about not giving a reason to make a mistake was not to imply they would mistake on purpose. I purely meant that if someone holding a gun and a badge is asking you to do something just do it. They may be tired, have had a bad day, think they see something that wasn't there, whatever. And just because you're right doesn't mean that things won't go wrong.

imagine2frolic · 06-10-2008, 09:06

Amytom,

As far as respect goes, my comment about not giving a reason to make a mistake was not to imply they would mistake on purpose. I purely meant that if someone holding a gun and a badge is asking you to do something just do it. They may be tired, have had a bad day, think they see something that wasn't there, whatever. And just because you're right doesn't mean that things won't go wrong.

I think that goes without saying....bullets hurt

amytom · 06-10-2008, 09:09

you might say "they're a pain in the neck" literally

Cheechako · 06-10-2008, 11:08

Boarded on my way to Mexico in 1985, in Mexican waters. Strange large ship was following us at daybreak in lumpy seas, mimicking our turns. I finally figured out is was USCG cutter with the binocs. I hailed them on the VHF asking if we could get our position (sat nav not working as usual), The captain said he'd send it right over with a boarding party. They were curteous, looked everywhere for guns I think, two of three were green with sea sickness.

mangomuffins · 09-10-2008, 14:45

Quote:

Originally Posted by amytom

Sorry for the delay in responding. Yes I do work in this area. A positive swab is considered "probable cause" for a further inspection on land . At sea probable cause is clouded with other responsibilties. The testing helps to determine which boat to spend more time on. If the previous owner of your boat was a drug runner (auction boat maybe) then you may test positive for years to come but you still haven't done anything wrong and wont be aprehended. Now if they find an old stash in the holding tank then you are technically in posession of narcotics and depending on the quantity they may presume intent to distribute. I personally tested my boat when I bought it just to be sure.

As far as respect goes, my comment about not giving a reason to make a mistake was not to imply they would mistake on purpose. I purely meant that if someone holding a gun and a badge is asking you to do something just do it. They may be tired, have had a bad day, think they see something that wasn't there, whatever. And just because you're right doesn't mean that things won't go wrong.

That is about what I figured. The authorities might tow you in for a closer search but if nothing is found... well, I think we do have some semblance of due process left in the U.S.

cheers,
mm

David_Old_Jersey · 13-10-2008, 14:10

Not a US Coast Guard specific question, but as you guys seem to have so much practice..........

Does anyone get the Boarding party to record their names / rank / vessel / sign the logbook? and if so, is it just the leader? or all of them?

Akbpilot · 13-10-2008, 17:09

Quote:

Originally Posted by David_Old_Jersey

Not a US Coast Guard specific question, but as you guys seem to have so much practice..........

Does anyone get the Boarding party to record their names / rank / vessel / sign the logbook? and if so, is it just the leader? or all of them?

I believe there are two names on the copy of the boarding report they leave with you, the Boarding Officer and the person who fills out the report. I can't say with 100% certainty about the recording person because I don't have our latest copy in front of me, but I know the Boarding officer is for sure, because he pointed out his name to me on the form when he gave me my copy. We've never asked them to sign the log, we just record it ourselves and keep the copy of the boarding report on board for the remainder of the year.

wolfenzee · 14-10-2008, 16:08

hmm..come to think ouf it, the U.S.Customs who boarded me never left any sort of report, and I don't recall anyone identifying themselves by name...part of the intimidation thing I guess

**GordMay** · 15-10-2008, 04:09

The chances of being boarded nationwide are extremely slim with about 1 in 100 boats in the coastal areas getting boarded each year. In coastal areas of Florida and the Gulf or Caribbean passages, the chances are understandably higher.

A U.S. Coast Guard Boarding:

What to expect: A uniformed CG boarding team will notify you that they are coming aboard to conduct a CG boarding. Like other law enforcement officers, they will be armed. Once on board they will conduct an initial safety inspection to identify any obvious safety hazards, and to ensure the sea worthiness of your vessel. The boarding officer will then ask to see the vessel registration or documentation, and proceed to inspect your vessel. The scope of the vessel inspection, during most boardings, is limited to determining the vessel's regulatory status (e.g. commercial, recreational, passenger, cargo, and/or fishing vessel) and checking for compliance with U.S. civil law applicable to vessels of that status. The CG may also enforce U.S. criminal law. The boarding officer will complete a Coast Guard boarding form (CG4100), and note any discrepancies. You will get a signed copy before they depart.

Report of Boarding: When a CG boarding officer issues you a boarding report, they will either issue a yellow copy, if no discrepancies were noted, or a white copy if there were. A white copy will indicate a warning or a notice of violation. The CG boarding officer should explain the procedures to follow in each case. In any event, those procedures are written on the reverse of the form (CG4100). If you have any questions ask the CG boarding officer.

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U.S. Coast Guard Boarding Policy