Water Patrol

[GXL205 Deke]

Re: Water Patrol

Probable cause, hmmmm then why do these cats roll up and say safety inspection out of the blue and commence to eyeball everything inside your boat. Kind of floats that probable cause notion down the river eh?

 

[mattb1974]

Re: Water Patrol

Probable cause, hmmmm then why do these cats roll up and say safety inspection out of the blue and commence to eyeball everything inside your boat. Kind of floats that probable cause notion down the river eh?

Because they have been trained to be OK with violating your rights and freedoms. And because they have not been properly challenged.

 

[109jb]

Re: Water Patrol

Probable cause, hmmmm then why do these cats roll up and say safety inspection out of the blue and commence to eyeball everything inside your boat. Kind of floats that probable cause notion down the river eh?

They don't need probable cause to look at what you have in plain view inside your boat.

 

[180Fisherman]

Re: Water Patrol

It was meant as a joke- hope it didn't come across as anything else.

You should know, though, that your responsibility is NOT only to your own passengers. You're legally required to lend any assistance that won't endanger you, your passengers or your vessel. If you have a VHF, you're supposed to be monitoring the emergency channel 16 (might be a different channel inland, I don't recall).

No worries. I did take it as a joke. I just don't know how to do the smiley face thing though, so everything I say will come across very stoic. Yes I am responsible to render assistance as long as me, my passengers or my vessel is not endangered but my throwable is part of my vessel and that would be endangered if I actually threw it to somebody. Oh, there they are right there. I didn't notice those smileys before just now.

 

[Thad]

Re: Water Patrol

I'll try to keep this on topic.

By putting your vessel on the water, just as driving your vehicle on the road, you subject yourself to all rules and laws that concern the safety of yourself and others. You basiclly agree to be checked for any and all required gear and that you are legal in all sense of the word. It is no different than being directed to the side of the road in a safety check such as many that will be set up this weekend.

You, personally, may know that you are not drunk, you do have all required gear, and that you feel they have no right to bother you.

They do not know that you have all gear and that you are not drinkng, and more for the main point, the checks are not done to make any one person mad, there are no "targets" on one boat over another. They are performed to educate the public and more importantly, protect all of the other boaters on the water. CPO's try to keep the check civil, polite, and as short as possible for the most part.

Yes, there are some on a power trip, and those are the ones, few as they are, that cause people to have an over whelming dislike for all of them.
Respect them doing their job, and they will respect you.

 

[ExxWhy]

Re: Water Patrol

Ohio has the authority written into the law. Constitutional? Maybe, maybe not but it's in there since 1994.

ORC 1547.63

Within the area of their jurisdiction, every sheriff, deputy sheriff, marshal, deputy marshal, municipal police officer, township police constable, game protector, park or conservancy district officer, or other law enforcement officer may enforce the state watercraft laws and has the authority to stop, inspect and board any recreational vessel.

 

[HappierWet]

Re: Water Patrol

It's fairly involved but you might want to read this.

http://en.wikipedia.org/wiki/Terry_v._Ohio


It doesn't relate speciffically to boats, but I think it's relevant.
I am not a lawyer, but it has given pause to several cops when they tried to push what I percieve as the limits of a "mere encounter"

 

[Paradise David]

Re: Water Patrol

From my experience and other, its just like anything else with gov't agenices. Way back when in 1st started, it probably was all about safely. But today, its just another way for the state gov'ts to take your hard earned money.

 

[smokeonthewater]

Re: Water Patrol

Ohio has the authority written into the law. Constitutional? Maybe, maybe not but it's in there since 1994.

ORC 1547.63

Within the area of their jurisdiction, every sheriff, deputy sheriff, marshal, deputy marshal, municipal police officer, township police constable, game protector, park or conservancy district officer, or other law enforcement officer may enforce the state watercraft laws and has the authority to stop, inspect and board any recreational vessel.

That entry into ohio revised code indicates that every police officer has the right to enforce watercraft laws and indicates to the operator that he must comply with the lawfull order of any officer BUT it does not say anything about negating the 4th ammendment or in any way bypassing the need for probable cause.

The fact is that if the officer does not observe or otherwise have evidence that you are committing or about to commit a crime then it is unlawfull for him or her to detain you.

 

[LadyFish]

Re: Water Patrol

Our local police department now has a marine patrol division for the canals and its armed. Population approx 1,000.

 

[jkust]

Re: Water Patrol

Would someone please tell me why I need a throwable floatation device if I'm the only one in the boat?

Well because they are cushy to sit on in a rowboat.

Seriously, I am for individual liberties and freedoms like many of these people but it seems in certain environments such as on lakes you automatically accept that you will be approached at some point and some of your "liberties and freedoms" will be usurped. At the lakes I boat on, I see the DNR (armed patrol) all day out but I never see them with anyone pulled over. Then I see people being wreckless the next minute?? What I do see them spend their time doing is checking trailers for invasive species thats it only weeds and muscels. This part I realize is petty I realize but they hand you a sticker and expect you will place it on your trailer after the inspection. I don't want to voluntarily place a permanent sticker on my trailer.

 

[po1]

Re: Water Patrol

Here in central Ill the DNR handles all the inspections and safety checks. We're lucky these guys go out their way to be nice about it. With state money very tight they trying to keep people happy and coming back to the camp grounds. I always go out of my way to talk to them, it's a good way to keep up with things and they like the up todate fishing info we can pass on. It might be wise to always have a throw away, you never know when you might have to help someone else out of a jam.