November 2010 |
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Law Enforcement
Boarding There are at least two sides to every story. One of the strangest stories with both sides presented came from Volusia County, Florida - better known as the Daytona Beach area. The source for this story is the Waterways Guide. A boat returned from an off-shore transit. The owner/master of the boat explains that he was below cooking bacon, when the crew advised him that the boat was being boarded. Since the master was not on-deck, everything else in the story is not a first person's observations. Let me sum the story up by saying that Volusia County deputy sheriffs came below with weapons drawn (both sides agree on this) and ordered the master on deck. The master was written a citation for having an unsecured overboard discharge valve and fined $250. The master promises that the boat was not discharging waste, that the crew did nothing wrong, and that there was no provocation for the actions of the deputies. The elected sheriff of Volusia County, Ben Johnson, stated in a response to the Waterways Guide that, "First off, the author is in fact correct that no provocation with law enforcement had occurred prior to the boarding. However, it should be clearly understood that no provocation is required, or even permission needed, for law enforcement to board a craft for the purposes of conducting a lawful inspection. The reality is that transient crafts moving through the waterways within our jurisdiction have been known to dump sewage into our waterways on many occasions. Along with ensuring boating safety and compliance with the rules of the water, the prevention of sewage dumping is another responsibility taken very seriously by the Volusia County Sheriff's Office and its Marine Unit. I feel certain that everyone with an interest in preventing the pollution of our waterways appreciates our efforts in this regard." The Sheriff went on to say that one of the two crew members ran below while being boarded, ignoring the deputies instructions to stay put. That prompted everything else that happened in this incident. It's reasonable to believe that the deputies thought their safety was at risk and they drew their weapons to defend themselves - perfectly reasonable. The deputies ordered everyone on deck to secure the boat and they probably were not especially gentle when doing that. Again, perfectly reasonable. The Sheriff's statement that searches and seizures are legally permitted without probable cause is a direct violation of the Fourth Amendment of the US Constitution. Federal courts have consistently and completely upheld our right to deny unlawful boardings. Even the US Coast Guard, which has a right to board a vessel for random safety inspections, are forbidden from using such boardings as a pretext for law enforcement activities. Specifically, one court case denied the prosecution of a boat running drugs when the Coast Guard boarded it for a random law enforcement inspection. One must also wonder if "transient crafts" are the only vessels dumping sewage into the ICW in Volusia County. Sounds like profiling to me. Florida law enforcement officers seem to be constantly prodded to "clamp down" on transient traffic. Courts are overturning local ordinances banning anchoring within municipal boundaries. Squatters, both on land and on the water, are a significant problem in Florida. There has to be a way to meet the needs of local law enforcement without violating the constitutional rights of everyone. Law enforcement knows that almost everyone will pay the fine charged by an illegal search rather than fight it in court and pay much more. Volusia County seems to be worse than many - complaints about official harassment are many and resolutions few. I suggest to most people traveling the ICW to avoid Daytona altogether. Let me make a couple of suggestions about official encounters in the US. Let me start out by saying that you must heave to if you are told to heave to. Also, you must be able to produce proof of registration and/or documentation and the identity of everyone on board. You do not have to allow anyone on board if you heave to. It's like a traffic stop at that point. Having said that, if a Coast Guard or military vessel tells you to heave to so they can board, heave to and let them board. Tell the CG vessel the number of people on board and where each person is. If possible, get everyone on board onto the deck. If the CG asks if they can search the boat, you have the right to refuse or to request their probable cause. The Coast Guard has a legal right to determine the seaworthiness and safety of your vessel without your permission. For example, if you are in a restricted area and refuse to leave the area, a Navy patrol vessel may board you and tow you out of the area. This is not the same as agreeing to a search for contraband. You can also let them search your vessel. They will ask you if you have any weapons on board. If you do, tell them where the weapons are and do not reach for them or display them. If a local law enforcement vessel tells you to heave to so they can board, you have the right to refuse them unless they tell you what their probable cause is for boarding. They do have a right to search your vessel if they have probable cause, such as a visible discharge of waste material, fishing equipment on a boat that is not licensed for local fishing, or operation of the vessel in an unsafe manner. Having someone on board rush below when told to stay on deck provides probable cause. Again, you can also agree to the boarding and the subsequent search. Refusing a search does not constitute probable cause. In other words, if a law enforcement vessel asks to search your vessel and you ask for probable cause, they cannot say that refusal of the search constitutes probable cause. Some cops like to try that approach and it almost never holds up in court. Law enforcement and Coast Guard members who are trying to enforce the laws have a tough job. Don't make it tougher by suddenly dashing below or pulling stuff into and out of lockers. They are almost never acting against your personal interest. They do want to go home alive and unhurt at the end of their shift. Make it easy for them to feel safe with you. |
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Shaft Spurs Who among us has not, at one time or another, wanted those "spurs" that mount onto the shaft and cut away the lines that we accidentally run through. We have a cautionary tale about using the spurs that follows here, with a couple of photos. My thanks to the unnamed member who submitted this story. Attached is a copy of the Statement of Loss that I provided to the Insurance Company along with a couple of pictures of the damaged Prop, Strut and the bottom of the boat where the bolt pulled through. As I mentioned to you on the phone, they had to cut the shaft to get it out of the boat as it had twisted in the coupler and could not be pulled out. We ended up replacing the shaft, coupler, cutless bearings and shaft log. Both props were serviced and calibrated, the hole patched and re-drilled. The strut was not damaged and was reinstalled and bedded. Transmission was checked and a fluid sample taken. Fluid sample showed no metal. Boat is back in the water and performing nicely. IN YOUR OWN WORDS, PLEASE DESCRIBE WHAT HAPPENED.
PLEASE BE AS SPECIFIC AND DETAILED AS POSSIBLE.
*IF THE LOSS INVOLVED A COLLISION, PLEASE INCLUDE A DIAGRAM.*
THANK YOU. On Sunday, July 11, 2010 at approximately 1015 AM
we departed Knapps Narrows on Tilghman Island, Maryland on a Westerly
heading. While proceeding out into the Chesapeake Bay we snagged an
unmarked Crab Pot with the starboard propeller. There was no visible
buoy marking the crab pot that we could see. The crab pot was drawn up
into the propeller shaft, shaft strut and rudder.
Power was immediately reduced and the gears were shifted into
neutral. At that time, it was not possible to see exactly what damage
had been done. We checked as best
we could and determined it would be possible to continue at reduced
speed. The bilge was checked and
a determination made that no water was entering the boat at that time.
We continued to our home port in XXXXX, MD at reduced speed, continuing
to check to ensure that no water was entering the boat. On arrival at
our dock in XXXX, we observed that once the boat was stopped, the bilge
pump began to cycle frequently to remove water from the bilge. We
contacted XXXXXX Marina and made arrangements to have the boat pulled
out of the water immediately. Once the boat was lifted out of the water,
it was observed that the crab pot had become wrapped around the
propeller and the propeller shaft and had broken the bolts holding the
shaft strut to the hull of the boat. This left one ¾ inch hole in the
bottom of the boat through which water was entering and 5 other bolts
which were snapped off flush with the bottom and possibly weeping water
into the hull. The shaft strut was hanging from the propeller shaft. It
was also noted that the front edge of the rudder had been nicked by the
twisting crab pot. No persons were injured and no property damage
occurred except to the boat.
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Events Some events we are considering/planning are:
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Club News To say that the new Boat Talk feature is a failure is almost an understatement. Nothing has worked correctly and it is still not working like it should . I am continuing to make slight improvements but having a fully functional place for discussions just isn't there right now. Like everyone else, I'm a volunteer. Like many others, I have to make my paying job my first priority. Fortunately, I've been busy. I appreciate your patience and understanding. Until Boat Talk is back up and running like it should be, please email your questions or comments to me and I'll make sure they are posted appropriately. Again, please accept my apologies for these problems.. Let me know if you have an interest in purchasing marine supplies through the Club at Internet prices.
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