How is this not a violation of the 4th Amendment?

I live on a small sailboat and have been boarded the by Coast Guard, I passed because I have my stuff in order but I find it upsetting that they have the power to board any vessel at anytime and conduct a full search in the name of a "safety inspection" and to check for any violation of federal laws. Here is the link to their boarding policy:
USCG Law Enforcement Procedures(.pdf file)

Pretty much me as a citizen has to let them board my vessel or else I get arrested. Clearly this violates the 4th amendment given they do not need probable cause or a warrant to board or search a vessel as well as a blatant violation of my reasonable expectation privacy.

This to me is another example of how the Constitution has been trampled on and it seems that very few are willing to stand for our rights.

I am not sure but I think you'll find that Maritime Law will trump the Bill of Rights. This also could easily fall under national security.

Maritime Law gives me the right to deny anyone from boarding my vessel. It is a homeland security clause which I find disgusting that it can trump my Bill of Rights.

A wise man once said: "Those willing to trade their freedom for temporary security deserve neither and will lose both"

Ben Franklin

reply to post by jrod


If you really feel so strongly about it, contact the ACLU, they're always happy to take on these sorts of cases and actually have a shot of winning it.

Of course, that's the difficult option.

Now, I don't know you personally, but a lot of people on here prefer to easy option of "I'll sit back and complain about it"

...check this out... its called "open fields" but it applies to open water too...

en.wikipedia.org...

reply to post by madnessinmysoul


It would have to be class action lawsuit, there are many others like me who realize the USCG boarding law is clearly unconstitutional. I know a few members of the USCG based out of my local port, next time I talk to one of them I will ask them if they remember their enlistment oath which begins: "I, (NAME), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic..." and if they realize their boardings are unconstitutional.

Right now my biggest concern is to raise awareness of how the Constitution is being disgraced.

Originally posted by jrod

Right now my biggest concern is to raise awareness of how the Constitution is being disgraced.

Things change, get over it. You're a fool if you think that the Constitution could last forever without having clauses that work around it. Quoting Ben Franklin also doesn't impress me. Forefather, not modern scholar. This is how he would sound if he were here on ATS..

"Those willing to trade their freedom for temporary security deserve neither and will lose both, [Brb, whipping slaves]."

reply to post by jrod


Again, that's just complaining.

Talk to the ACLU, they have the resources and experience to put forth a class-action suit against the Coast Guard.

That's the best way to spread awareness about the soiling of the Constitution, actually using the Constitutional right to redress the government.

You're absolutely correct.

That boat is your home. Are we expected to allow the "authorities" to enter our homes at will to conduct a search? Thats insane.

reply to post by jrod


I was in the USCG years (many) ago. I can tell you that within 100 miles of the U.S. Coast and, all inland water ways, the USCG has always had (since 1790 at least) the right to perform a safety inspection or board any vessel at any time. It's part of the price of living on a boat.

I will say that it's really strange if your boat is in a private marina (is it?) and they singled you out. If that's not the case, they inspected every boat in the marina then it wouldn't be unusual.

Springer...