OT: The Coast Guard are after *you*

From an investment newsletter:
A warning. If you have no interest in civil liberties, constitutional
law, or the unmitigated growth of federal power... don't read the next
several paragraphs.

About six weeks ago, I purchased a 35-foot fishing boat ? an Everglades
35CC. I store the boat on a dock behind my house in Miami, where it is
properly registered with the state of Florida. It takes me about 30
minutes to reach the ocean through canals maintained by the city of
Miami. I've been out ocean fishing three times since I got the boat. On
two of those three occasions, I've been threatened, detained, searched,
and/or boarded by agents of the federal government without any probable
cause of wrongdoing... or even any reasonable suspicion.

These actions were taken against me and my guests with considerable
force: The stops involved high-speed boats, helicopters, large caliber
automatic weapons, and black-booted officers decked out in SWAT-team
like apparel. In the second instance, my boat was boarded and searched.
IDs were taken from all eight passengers. We were ordered to stay on
the far side of the boat ? in the sun ? for nearly two hours and
treated like suspected drug smugglers while two Coast Guard officers
searched every compartment of my boat ? including the small tackle box
drawers and our personal belongings.

They called the boarding a "safety inspection." And let me tell you...
it is scary when heavily armed men are telling you not to make any
sudden movements, to get on the far side of the boat. Their hands are
sitting on top of their holsters... and you are 30 miles out at sea.



A safety inspection is supposed to consist of checking life jackets,
fire extinguishers, the structural integrity of the boat, the
registration, and a few other minor documents, like an oil discharge
placard. How could doing this require two hours? Why would doing this
require a stop 30 miles out to sea, involving a helicopter, a Coast
Guard cutter, and a four-man boarding party? What's reasonable about
a "safety" inspection that features black-soled boots marking up
nearly every topside surface of a white, brand-new fiberglass boat?
Why should our driver licenses have been taken from us?
You might recall the Fourth Amendment of the U.S. Constitution
forbids unreasonable searches and seizures:

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.

Obviously, boats are not specifically named as a protected class of
property... but papers and effects seem to be protected. And there's
plenty of case law that has extended Fourth Amendment protections ?
to some degree ? to places other than your home. For example, you
can't be pulled over on the highway without some probable cause or
some traffic violation. But... we had done nothing wrong. We received
no citations whatsoever. We were in a brand new boat, running at 40
knots... clearly, there was no problem with the safety of our vessel.

So the question I had when I was eventually able to return home, after
dark, following our two-hour "safety inspection" was: How in the hell
do these guys get away with these actions?

Well, it turns out the Coast Guard and other customs agents have more
power to search and seize than any other kind of law enforcement. The
reason why dates back to 1790, when the Coast Guard was part of the
Treasury Department. Back then, the inspections had nothing to do with
safety ? they were revenue cutters. The Coast Guard was looking for
smugglers because, at the time, the main sources of revenue for the
federal government were tariffs. Congress passed a law that would seem
to violate the Fourth Amendment directly because it had to ensure its
ability to collect tariffs:

That it shall be lawful for all collectors, naval officers,
surveyors, inspectors, and the officers of the revenue cutters herein
after mentioned, to go on board of ships or vessels in any part of the
United States, or within four leagues of the coast thereof, if bound to
the United States, whether in or out of their respective districts, for
the purposes of demanding the manifests aforesaid, and of examining and
searching the said ships or vessels...

Here's the fascinating part... The Coast Guard's role as revenue
cutters was abandoned in 1915 with the advent of income taxes. The
Coast Guard finally left the Department of the Treasury in 1967. It is
now a part of the Department of Homeland Security. And yet, despite the
obvious and well-documented changes in the role of the Coast Guard and
the nature of its mission, the Supreme Court continues to deny U.S.
citizens their Fourth Amendment rights, out of deference to the Coast
Guard's former unique duties (see United States v. Villamonte-Marquez,
1983).

The government, which wouldn't ordinarily be able to stop, search, and
seize any American-flagged vessel anywhere in the world at any time, is
now empowered to do so simply because, 100 years ago, this power was
necessary for tax revenues. So guess who is now routinely assigned to
duty aboard Coast Guard cutters? DEA agents.

And yet... the Supreme Court continues to pretend these random searches
are merely for "safety inspections." It is yet another case of the
Constitution simply being ignored.

Now... you might say, so what? We like the Coast Guard catching drug
smugglers. OK, fine. Just change the Constitution. There is a legal
process for doing so. But you're fooling yourself if you think the
Coast Guard is actually doing any good. The price of drugs has been
falling ever since the "War on Drugs" was announced. We keep spending
more money trying to stop drug smuggling... but what actually happens
out there?

The Coast Guard has been turned into a weapon against the citizens of
the United States. What's the Coast Guard actually doing? Why would
they inspect a brand new boat? A boat that's obviously not involved in
any large-scale drug smuggling and is loaded up with expensive fishing
equipment and top-of-line Yamaha engines? Here's a possibility: If they
find a single joint, they can seize the boat.

What's happened to the job of actually defending and protecting the
people of the United States? In January 1984, just as the Coast Guard's
new role as the top drug hound was being expanded, it began refusing
ALL requests to help stranded boaters. Taxpayers fund the Coast Guard...
which now refuses to help boaters in trouble and instead preys on boat
owners at every possible opportunity. Maybe we shouldn't just ignore the
Constitution.
.

Relevant Pages

  • Re: OT: The Coast Guard are after *you*
    ... I've been out ocean fishing three times since I got the boat. ... You might recall the Fourth Amendment of the U.S. Constitution ... plenty of case law that has extended Fourth Amendment protections? ... it turns out the Coast Guard and other customs agents have more ...
    (sci.electronics.design)
  • Re: OT: The Coast Guard are after *you*
    ... I purchased a 35-foot fishing boat? ... You might recall the Fourth Amendment of the U.S. Constitution ... it turns out the Coast Guard and other customs agents have more ... We like the Coast Guard catching drug ...
    (sci.electronics.design)
  • Re: OT: The Coast Guard are after *you*
    ... I purchased a 35-foot fishing boat? ... You might recall the Fourth Amendment of the U.S. Constitution ... it turns out the Coast Guard and other customs agents have more ... We like the Coast Guard catching drug ...
    (sci.electronics.design)
  • Mystery at Sea: Boaters Vanish
    ... They were being questioned on board a Coast Guard cutter, ... The two men had paid the crew of a Miami Beach charter boat to taken them to ... Crew Of Joe Cool Still Missing ... pulled by a smaller Coast Guard vessel. ...
    (alt.true-crime)
  • Re: Should I or shouldnt I ,,,,,,,,,,,
    ... OK, it has been eight years since Constitution was sailed, but then it takes ... My point, of course, is that wood is an excellent material for boat ... it still is a wood hull. ... >>> more years of life does the wooden hull have, ...
    (rec.boats.building)