New Law

Just got wind of this, apparently this a new law that went into effect this month, called the Boater Freedom Act, for the State of KY.


SB 66: Known as the "Boater Freedom Act," this law will require boating enforcement officers to have a reasonable suspicion of violation of the state's boating laws before boarding and inspecting a boat on state waterways.

Sounds good to me! the 4th amendment applies everywhere.

first things first....ive been asked several times over the years by on the water law enforcement if i minded if they boarded and inspected my vessel. every time the law enforcement officer(s) have been 100% courteous, proffessional and informative about what their intent was....to verify required boating safety equipment and check livewells and coolers etc. they have always been positive experiences.

but i also have always wondered...what if i said "YES, YES I DO MIND IF YOU BOARD MY VESSEL", IVE DONE NOTHING WRONG AND DONT UNDERSTAND HOW YOU JUST PICK ME OUT OF THE WHOLE LAKE FULL OF BOATS"?
im pretty sure i already know the answer to that question lol.

but i thought is it any different than driving down the highway and being pulled over for no reason at all and having your vehicle searched?

and i guess you could say this happens as well in the form of "road blocks".

My question is, what would be considered reasonable suspicion? Could they check livewells if they just saw people fishing or would they have to see someone put a fish in the livewell? If they see anyone standing on a boat and fishing without a PFD on, that sounds like reasonable suspicion to me to check for life jackets. To me, this doesn't sound that beneficial to fishermen but more to pleasure boaters. It may limit how much they get profiled and checked for alcohol and things like that. Either way, I'm all for protecting our rights so I guess I support the new law.

From what Ive heard probable cause if they see you fishing they can come over and ask for a license and then check what they want to check like before. I think its more along the lines of they just cant stop a pontoon to check if there is alcohol. But I guess if they see you take a drink from something would that be probable cause?

Since they are talking about limiting the search ability of fish and wildlife. I wonder if the plain view doctrine will play into this. And i wonder if a red solo cup would be reasonable suspicion that alcohol is present. There is more gray areas in laws than there is politicians supporting them..

I would gladly submit to a creel survey or other F and W issues,but it's always this boat check nosey ass what's in the cooler issues.Not every body is ridin around havin a keg party.If I'm on the lake I mostly want to be left alone.as for roadblocks on the water the 68 bridge on Jonathan creek is one of their favorite spots.im not a lawyer but that things gotta be illegal.

[QUOTE=vausoner;536066]I think its more along the lines of they just cant stop a pontoon to check if there is alcohol. [/QUOTE]

is it illegal to drink on a boat in KY? I had no idea... we drank all the time on a boat in Fl.

what about kayaks?

Yes,its illegal...most corp/eng lakes in kentucky are in dry counties. As far as i know its illegal to have alcohol in your boat even if its unopened in dry counties. Indiana is different..you are allowed to have it on the boat but you cant be over the legal limit. Kayaks too. Later jc

[QUOTE=first2fish;536097]Yes,its illegal...most corp/eng lakes in kentucky are in dry counties. As far as i know its illegal to have alcohol in your boat even if its unopened in dry counties. Indiana is different..you are allowed to have it on the boat but you cant be over the legal limit. Kayaks too. Later jc[/QUOTE]

That is not entirely true. It is not illegal to posses alcohol in a dry county. It is only illegal to sell alcohol in a dry county.

[QUOTE=robertdilbert;536096]
what about kayaks?[/QUOTE]


PUI...Paddling Under The Influence..lol

Just kidding..have no idea..don't drink so don't have to worry about it..

[QUOTE=MagikSmallie;536098]That is not entirely true. It is not illegal to posses alcohol in a dry county. It is only illegal to sell alcohol in a dry county.[/QUOTE]

This is true.

from the internets:
[I]it is illegal to drink alcohol in public places - which includes the waterways of ky (sounds like that would include kayaks as well)
[/I]
[URL]http://www.boat-ed.com/abc/abc_specific_images/pdfs/ky_law.pdf[/URL]



I was just out on Corinth lake and there was a pontoon boat full of girls drinking, had no idea that was illegal.

[QUOTE=robertdilbert;536101]This is true.

from the internets:
[I]it is illegal to drink alcohol in public places - which includes the waterways of ky (sounds like that would include kayaks as well)
[/I]
[URL]http://www.boat-ed.com/abc/abc_specific_images/pdfs/ky_law.pdf[/URL]



I was just out on Corinth lake and there was a pontoon boat full of girls drinking, had no idea that was illegal.[/QUOTE]

It is true that it is illegal to consume alcohol in public, but merely possessing alcohol in a dry county is not illegal unless you are under 21. that it what I was referring to.