There are enough people on the water that are doing blatantly illegal or unsafe things that we don’t need to resort to subterfuge. made up PC or “random” stops to find people to pull over. While our time is taken up with someone who hasn’t done anything wrong, 10 boats will go that really deserve to be stopped.Vessel Searches .--Not only is the warrant requirement inapplicable to brief stops of vessels, but also none of the safeguards applicable to stops of automobiles on less than probable cause are necessary predicates to stops of vessels. In United States v. Villamonte-Marquez, the Court upheld a random stop and boarding of a vessel by customs agents, lacking any suspicion of wrongdoing, for purpose of inspecting documentation. The boarding was authorized by statute derived from an act of the First Congress, and hence had ''an impressive historical pedigree'' carrying with it a presumption of constitutionality. Moreover, ''important factual differences between vessels located in waters offering ready access to the open sea and automobiles on principal thoroughfares in the border area'' justify application of a less restrictive rule for vessel searches. The reason why random stops of vehicles have been held impermissible under the Fourth Amendment, the Court explained, is that stops at fixed checkpoints or roadblocks are both feasible and less subject to abuse of discretion by authorities. ''But no reasonable claim can be made that permanent checkpoints would be practical on waters such as these where vessels can move in any direction at any time and need not follow established 'avenues' as automobiles must do.'' Because there is a ''substantial'' governmental interest in enforcing documentation laws, ''especially in waters where the need to deter or apprehend smugglers is great,'' the Court found the ''limited'' but not ''minimal'' intrusion occasioned by boarding for documentation inspection to be reasonable. Dissenting Justice Brennan argued that the Court for the first time was approving ''a completely random seizure and detention of persons and an entry onto private, noncommercial premises by police officers, without any limitations whatever on the officers' discretion or any safeguards against abuse.
Title 19 U. S. C. 1581(a) provides that "[any] officer of the customs may at any time go on board of any vessel . . . at any place in the United States or within the customs waters . . . and examine the manifest and other documents and papers . . . ."
Although contained in the section regarding "checkpoints", the highlighted portion(s) permit the stopping and inspection of watercraft for any or no reason.5-391. Enforcement; violation; classification
A. Any person who violates any provision of this chapter, except section 5-341, subsection A, B, C or D, section 5-349, section 5-350, subsection C, section 5-393, 5-395, 5-396 or 5-397 and subsection C, D, G or H of this section or any rule issued thereunder, is guilty of a petty offense. Any person who violates section 5-350, subsection C is guilty of a class 2 misdemeanor.
B. All peace officers of the state, counties and cities shall enforce the provisions of this chapter and all laws and rules relating to the operation of watercraft.
C. In the enforcement of this chapter, the operator of the watercraft on being hailed by any peace officer shall stop immediately and lay to, or maneuver in such a way as to permit the peace officer to come aboard or alongside. The operator may be ordered ashore to correct any unlawful condition, issued a written warning or written repair order or issued a citation for any violation of this chapter.
R12-4-528. Watercraft Checkpoints
A. A law enforcement agency may establish a watercraft checkpoint to ensure public safety on state waterways, to screen for unsafe or impaired watercraft operators, or to gather demographic, statistical, and compliance information related to watercraft activities.
B. An individual may be required to perform the following during a watercraft stop or at a watercraft checkpoint:
1. Stop or halt as directed when being hailed by a peace officer or entering the established checkpoint boundary under A.R.S. § 5-391, and
2. Provide evidence of required safety equipment and registration documentation under A.R.S. Title 5, Chapter 3, Boating and Water Sports.
C. This Section does not limit any state peace officer's authority to conduct routine watercraft patrol efforts under A.R.S. Title 5, Chapter 3, Boating and Water Sports.
If federal law prohibits the random stopping of a motor vehicle I fail to understand why a water vehicle would be handeled in any other manor. It appears to me that State, County or Cities have taken advantage of the purpose and intent of federal maritime laws and that in the truest sence of a citizens rights are being unlawfully taken advantage of and borders on infringement of our Contitutional right of liberty and freedom without probable cause.
Here is one decision on the issue:Boatcop, the no PC required for a stop is new to me. I read that case law decision, and it seems to hover a lot over waters accesible to the ocean, borders, etc. How do you guys argue that havasu/parker is similar to that? I understand that the river eventually flows to mexico/maybe even to the ocean at one time in history, but to me that decision doesn't seem to impact the river/inland lakes.
PS, i'm not being a smartass, i'm asking an honest question....as i know virtually nothing about the case law involving vessels. I can see if you're driving a cigarette boat in from the wide open sea, that there would be less restriction on the searches for "National Security", much like border checkpoints, but not driving a jet boat around in blythe...am i wrong?
The officer pulled the guy over for a passenger blocking the view of the operator. The law in AZ says that no one can be ON THE BOW, blocking the view of the operator.
andthe operator of the watercraft on being hailed by any peace officer shall stop immediately and lay to, or maneuver in such a way as to permit the peace officer to come aboard or alongside.
An individual may be required to perform the following during a watercraft stop:
2. Provide evidence of required safety equipment and registration documentation under A.R.S. Title 5, Chapter 3, Boating and Water Sports.
Alan,I posted the sections of Arizona law and Commission Rules allowing stops of vessels, and the responsibility of persons stopped. For clarity, I'll repeat only the applicable portions:
and
Sec. 1581. Boarding vessels
(a) Customs officers
Any officer of the customs may at any time go on board of any vessel
or vehicle at any place in the United States or within the customs
waters or, as he may be authorized, within a customs-enforcement area
established under the Anti-Smuggling Act [19 U.S.C. 1701 et seq.], or at
any other authorized place, without as well as within his district, and
examine the manifest and other documents and papers and examine,
inspect, and search the vessel or vehicle and every part thereof and any
person, trunk, package, or cargo on board, and to this end may hail and
stop such vessel or vehicle, and use all necessary force to compel
compliance.
(b) Officers of Department of the Treasury
Officers of the Department of the Treasury and other persons
authorized by such department may go on board of any vessel at any place
in the United States or within the customs waters and hail, stop, and
board such vessel in the enforcement of the navigation laws and arrest
or, in case of escape or attempted escape, pursue and arrest any person
engaged in the breach or violation of the navigation laws.
(c) Penalty for presenting forged, altered, or false documents
Any master of a vessel being examined as herein provided, who
presents any forged, altered, or false document or paper to the
examining officer, knowing the same to be forged, altered, or false and
without revealing the fact shall, in addition to any forfeiture to which
in consequence the vessel may be subject, be liable to a fine of not
more than $5,000 nor less than $500.
(d) Penalty for failure to stop at command
Any vessel or vehicle which, at any authorized place, is directed to
come to a stop by any officer of the customs, or is directed to come to
a stop by signal made by any vessel employed in the service of the
customs and displaying proper insignia, shall come to a stop, and upon
failure to comply a vessel or vehicle so directed to come to a stop
shall become subject to pursuit and the master, owner, operator, or
person in charge thereof shall be liable to a penalty of not more than
$5,000 nor less than $1,000.
(e) Seizure of vessel or merchandise
If upon the examination of any vessel or vehicle it shall appear
that a breach of the laws of the United States is being or has been
committed so as to render such vessel or vehicle, or the merchandise, or
any part thereof, on board of, or brought into the United States by,
such vessel or vehicle, liable to forfeiture or to secure any fine or
penalty, the same shall be seized and any person who has engaged in such
breach shall be arrested.
(f) Duty of customs officers to seize vessel
It shall be the duty of the several officers of the customs to seize
and secure any vessel, vehicle, or merchandise which shall become liable
to seizure, and to arrest any person who shall become liable to arrest,
by virtue of any law respecting the revenue, as well without as within
their respective districts, and to use all necessary force to seize or
arrest the same.
(g) Vessels deemed employed within United States
Any vessel, within or without the customs waters, from which any
merchandise is being, or has been, unlawfully introduced into the United
States by means of any boat belonging to, or owned, controlled, or
managed in common with, said vessel, shall be deemed to be employed
within the United States and, as such, subject to the provisions of this
section.
(h) Application of section to treaties of United States
The provisions of this section shall not be construed to authorize
or require any officer of the United States to enforce any law of the
United States upon the high seas upon a foreign vessel in contravention
of any treaty with a foreign government enabling or permitting the
authorities of the United States to board, examine, search, seize, or
otherwise to enforce upon said vessel upon the high seas the laws of the
United States except as such authorities are or may otherwise be enabled
or permitted under special arrangement with such foreign government.
(June 17, 1930, ch. 497, title IV, Sec. 581, 46 Stat. 747; Aug. 5, 1935,
ch. 438, title II, Sec. 203, 49 Stat. 521; 1946 Reorg. Plan No. 3,
Secs. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Sept. 1,
1954, ch. 1213, title V, Sec. 504, 68 Stat. 1141.)
References in Text
The Anti-Smuggling Act, referred to in subsec. (a), is act Aug. 5,
1935, ch. 438, 49 Stat. 517, as amended, which is classified principally
to chapter 5 (Sec. 1701 et seq.) of this title. For complete
classification of this Act to the Code, see section 1711 of this title
and Tables.
The navigation laws, referred to in subsec. (b), are classified
generally to Title 33, Navigation and Navigable Waters.
For definition of officer of the customs used in text, see section
1401 of this title.
Prior Provisions
Provisions similar to those in this section were contained in act
Sept. 21, 1922, ch. 356, title IV, Sec. 581, 42 Stat. 979. That section
was superseded by section 581 of act June 17, 1930, comprising this
section, and repealed by section 651(a)(1) of the 1930 act.
Prior provisions dealing with the subject matter of this section
were contained in R.S. Sec. 3059, conferring powers similar in most
respects to those conferred by this section, so far as it relates to
vessels, on any officer of the customs, including inspectors and
occasional inspectors, or of a revenue cutter, or authorized agent of
the Treasury Department, or other persons specially appointed in
writing; section 3060, requiring appointments under the preceding
section to be filed in the custom house; section 3067, authorizing
collectors, etc., and officers of revenue cutters to go on board vessels
in port or within four leagues of the coast, for the purpose of
demanding manifests, and examining and searching vessels; and section
3069, relative to noting and sealing, if necessary, packages found
separate from the residue of the cargo. All of these sections were
repealed by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat.
989.
Amendments
1954--Subsec. (d). Act Sept. 1, 1954, provided a penalty against the
owner, operator or person in charge, as well as the master, of a vessel
failing to come to a required stop and struck out provisions relating to
the duty of the customs officers to pursue such vessels.
1935--Act Aug. 5, 1935, amended section generally among which
changes it subdivided the section into subsecs. (a) to (h), inclusive.