The Fourth Amendment Rights vs. Boarding Power of the United States Coast Guard
While the Fourth Amendment may protect the citizen, law abiding or not, from the threat of an “unwarranted” search, that protection ceases once the citizen is on a vessel. The Coast Guard has sweeping authority to board any vessel (subject to the jurisdiction of the United States) at any time, any place. It does not require a warrant. It does not require probable cause. Boardings need not be based on a suspicion that a violation already exists aboard the vessel. Their purpose is to prevent violations and the courts have upheld this authority. Also, the Coast Guard has full legal law enforcement power on any land under the control of the United States, as needed to complete any mission. 14 USC 89 has its roots in the Revenue Service Act of 1790 which provided “all collectors, naval officers, surveyors, inspectors and the officers of the revenue cutters . . . to go on board ships in any part of the United States . . . for the purposes of demanding manifests . . . examining and searching the said ships, and the officers shall have free
access to the cabin and every other part of the vessel . . .” This statute was passed by the first Congress, the same Congress that enacted the Bill of Rights, including the Fourth Amendment with its guarantees for citizens to be secure against unreasonable searches and seizures. By enacting the Revenue Service Act, the first Congress showed unequivocally that the Coast Guard’s significant law enforcement authorities to board and search a U.S. flag vessel anywhere in the world, as well as vessels intending to call on U.S. ports, were consistent with the Fourth Amendment.U.S. Courts over the last 200 years have consistently validated the right of the Coast Guard to board and inspect vessels, probable cause or not.Plainly stated, when it comes to Coast Guard boarding, you don’t have any rights. As stated by Capt. Rasicott and CDR Cunningham in their article found in
Proceedings, Summer 2009; “There are two main ways to board a vessel – either with permission, or without.”
More at:
https://mblb.com/admiralty-maritime/...s-coast-guard/
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