Sailfeed
October 25th
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Sorry, but when it comes to Coast Guard boardings, you don’t have any rights.

I’m surprised how many boaters don’t know this. The US Coast Guard can board your boat any time they want, and look anywhere they want, without probable cause or a warrant. They can do this on the open sea, or while you’re asleep aboard in your marina at midnight. They can look through your bedsheets, in your lockers, in your bilges, in your jewelry box, or in your pockets. They can do it carrying just their sidearms, or they can do it carrying assault rifles. They can be polite about it or they can be rude, but mostly they’re polite.

If you’re an avid boater you can expect to be boarded every year or two.

I explain this to my guests aboard Condesa, some of whom are lawyers, and I’m met with disbelief: “But that’s a blatant violation of your constitutional rights! They need probable cause, or a warrant from a judge!”

“Not on a boat, my friend, not on a boat.”

All photos courtesy of US Coast Guard

The U.S. Coast Guard Boarding Policy:

Title 14 section 89 of the United States Code authorizes the U.S. Coast Guard to board vessels subject to the jurisdiction of the United States, anytime, any place upon the high seas and upon any waterway over which the United States has jurisdiction, to make inquires, examinations, inspections, searches, seizures, and arrests. 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.

Sweeping powers. In a paper in the William and Mary Law Review, law scholar Greg Shelton says, “In terms of enforcement power, Coast Guard boarding officers are clearly America's "supercops."”  Another law scholar, Megan Jaye Kight, says, "As such, these provisions comprise what has been accurately characterized as 'one of the most sweeping grants of police authority ever to be written into U.S.  law.'"

If you’d like to know a little more detail about the boarding policy, here’s a longer document, meant for the public, in the Coast Guard’s own words.

And here’s an article by a retired Coast Guard captain and Coast Guard legal counsel. The pull quote kind of says it all: “There are two main ways to board a vessel—either with permission, or without.” 

I’ve been boarded by the Coast Guard five times. They’ve always been very polite, and I’ve never resisted, thus incurring the penalty of ten years in prison and a $10,000 fine. They asked permission to board, but since they were going to board anyway no matter what I said, I said yes.

Once, offshore, the captain of a Coast Guard cutter told me by radio to prepare for a boarding, and ordered me to maintain my course and speed. It was pretty rough, and I was under full sail and solo, so I replied, “How about if I drop my sails and lie ahull? It’s going to be pretty hard for your guys to get aboard right now.”

“Skipper, maintain your course and speed.”

When their inflatable came alongside, it was indeed bouncing all over the place, and they had a tough time just coming alongside, much less getting someone aboard. When the first boarding officer finally made it over the lifelines he slipped on my aft deck—one of those slips where his feet were actually higher than his head before he crashed down—and he landed right on his sidearm. (Did I mention that deck was wet?) I could see tears in his eyes as he suffered through the inspection protocol.

Nobody could have many criticisms for the Coast Guard’s Search and Rescue operations. Dedicated Coast Guard personnel rescue us when we’re in trouble and yes, guard our coasts. As I’ll explain in Part 3, the boarding policy isn't their doing. They might not like these boardings either. Entering some strange boat with strange people aboard is fraught with uncertainty and risk, and they’d probably rather be out doing real Coast Guard stuff instead of checking the bilges on a Tayana 37.

A Coast Guard boarding isn’t the end of the world, but guests who don’t know the routine think the boat is being raided, and it certainly shuts down the party. Again, boardings are usually routine and polite.

But sometimes they’re not so polite, as in an episode in Moss Landing a few years ago. The Coast Guard boarded and searched boats in a marina at 10:30 p.m., with assault rifles in hand. Some of the marina tenants were asleep and awakened to boots on their decks. During boardings, many boaters feel threatened or harassed

Often when the Coast Guard boards a vessel at night, they approach with their running lights extinguished, and they seldom answer radio calls. This is scary to most boaters, because who else might be approaching in the middle of the night with no lights? If the Coast Guard is operating in foreign waters where piracy is common, everyone aboard will be terrified for their lives by the time the coasties finally identify themselves. A friend of mine was tailed in this manner for eight hours off the Baja coast before, surprise!, it's us, the US Coast Guard! In legal terms this is called–seriously–the "fright factor."

In the post-9/11 world the Coast Guard has added duties, and added weaponry. Instead of a couple of sailors in a rubber boat with big Mae West life jackets and sidearms, a common sight is coasties with assault rifles in high speed inflatables with M-240 machine guns mounted bow and stern. Just the presence of all this weaponry makes many nervous or afraid.

I’m not someone who sleeps with a copy of the US Constitution under his pillow, but as “the supreme law of the United States of America,” I take it to be the governing document of my relationship with my government. The first ten amendments to the constitution are called the Bill of Rights, and many have died defending them. Here’s what the Fourth Amendment says:

Amendment IV 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.

Over the years and many Supreme Court cases, the Fourth Amendment has been interpreted to mean that without a warrant or probable cause law enforcement can’t search your car, your office, your mountain cabin, your pocket, or your wood shed. According to the Constitution, law enforcement personnel can’t search anywhere in your private universe without probable cause or a warrant issued by a judge.

Except your boat: They can board your boat any time they please and look anywhere they want without warning, warrant, or cause, and they do so every day. This is called a “suspicionless search.”

Why can the Coast Guard search our boats without a warrant or probable cause when law enforcement is prohibited by the Fourth Amendment from searching our homes, cars, offices, or motorhomes?

Continue to Part 2

49 Responses to “Coast Guard Boardings and Your Fourth Amendment Rights, Part 1”

  1. […] USCG Boarding Procedures Coast Guard Boardings and Your Fourth Amendment Rights, Part 1 | Sailfeed This is a pretty comprehensive look at the CG's rights to inspect you whenever they want. […]

  2. K.L. says:

    I sail out of one of the busiest ports, The Port of Los Angeles and I have been boarded 2 times in a month once on Memorial Day (they were checking for drunk boaters) The first time was a safety check, both times they were VERY friendly and professional. I have no problem with them boarding my vessel at any time, however in a marina while I am sleeping or having sex is far fetched. Keep up the good work Coasties and welcome aboard.

  3. […] Re: Boarding Authority To avoid unnecessary discourse, see (click on): Coast Guard Boardings and Your Fourth Amendment Rights | Sailfeed […]

  4. […] the officials feel they don’t like your stupid face. It turns out that the Fourth Amendment does not apply in America’s waters. As far as the law is concerned, authorities can freely swoop down, search your ship, and […]

  5. albert r says:

    Used to deliver sailboats from Hawaii to the West Coast and have been boarded many times. Always pays to be polite, however, if the helm eases the sails and changes course slightly before they get close so one can roll in the trough and the engineer fires up the genset for a little background sound while the cook starts a pan of onions and garlic frying on the stove for a redolent aroma down below, boardings tend to be quite short. If all else fails, having each of the crew offer to tell the armed Coastie (who is watching them with finger on the trigger) about their experiences with Jesus as your personal savior, does help and sometimes relieves the stress of having a gun pointed at you. Coasties get real upset when you video them, too, so conceal that GoPro before they board. Being boarded by the Mexican Navy is even worse….

  6. Scott says:

    This authorization by congress was put in place a long time ago. I think it needs to be revisited. What’s happening today is the coast guard is more of a police force patrolling lakes with the authority to stop and question anyone at anytime. The only reason it hasn’t been overturned is because the general public does not care about boaters. If this was happening in cars it would overturned immediately.

  7. J says:

    I was a enlisted Coast Guard boarding officer for over 7 years. Time was spent both in the great lakes as well as the high seas. Tactics are taught at FLETC and at the local Coast Guard units on how to bend rules and “create” reasonable suspicion and probable cause so that they have a reason to look through anything we want on a boat. They have the right to pull you over for no reason at all and demand all off your papers. They have the right to step aboard your boat and, at the very least, look through your bilges, bathroom areas, engine bays and anywhere else there may be a safety concern. In the process of this safety inspection, they are taught to look around for anything else that might endanger our lives or might be illegal. If they see a baggy, there’s the probable cause to go looking through your bags for drugs. If they see a empty beer can in a trash can, there’s all the info they need to conduct field sobriety tests. Coast Guard Boarding officers have more power than people realize. This is mostly mom and pop type boardings I am talking about. The high seas boardings are even more of a wild west… I disagreed with some of these rules/laws but after all, we were working within what 14usc89a says we could do.

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