Quote Originally Posted by lilmule View Post
Well anyone who drinks in public is creating an offence,driving under the influence another,boat inspections can be done and are all the time without boarding.
Same with breathalizer tests any refusal same as a car issue a ticket take it to the dock then tow.Boarding is maritime law dating back to americans being pressed into english service,thus the second war with them,both of which we won.
If you really want checked take your 12 ft john boat next to a bridge piling and anchor then toss out a line or jug,nowdays they suspect you of being a terrorist.
Only something like a felony in progress would enable an officer to board,then he best be able to prove it.
As for a littering ticket for a cigarette pays to be nice answer all questions nicely,and hope he hasnt had a bad day.Worse would be a TVA cop.
And while fishing a T have had them check me,showed them what they wanted held my tongue and went on to have a nice day.They often do not check T boats as most T orgs do that prior to blastoff or you dont fish,and carry a couple beers in the boat its a dq,even if not opened.
You as a recreational boater arnt required to hook that kill switch up,or for that matter had anyone check the hp ratings or recommended ratings,T are recommended generally meaning less hp.
So if your in a 17 ft boat sporting a 300 hp blown motor popping boat wheelies ,taping it for youtube,and dropping a couple of beers,with no kill sw hooked up,no throwable or fire ext,horn,etc your being picked on.
The law is there for a reason.
Just my noisy 2 cents


My point to Art is that his buddy may or may not have been right. Depends on under what pretense the officer boarded. State wildlife officials in KY may board any vessel upon its waters for "inspections". Regardless of whether the boat has a "federal registration" identification number. By virtue of the fourth amendment's protection against illegal searches and seizures, the officer may not board for other reasons unless there is probable cause to believe there is a crime occuring on the vessel.

If the state officer wanted to board Art's buddy's boat for a boating inspection, he could legally do so. He could also board if he saw Art attempting to hide a bong as the officer approached, probable cause then exists that a crime is underway.

On the other hand, my understanding is that the Coast Guard may board any vessel on waterways within its jurisdiction for any reason with or without probable cause.