Skip to comments.Boat owners say they were fearful during Coast Guard search
Posted on 09/22/2005 2:42:37 PM PDT by Tolerance Sucks Rocks
Two of the Moss Landing Harbor residents who were the subjects of random boat searches during Labor Day Weekend say their experiences were closer to armed invasions than the friendly "safety inspections" characterized by U.S. Coast Guard officials.
Both residents said search crews entered the harbor in inflatable boats with machine guns mounted on their bows. Then, carrying M-16 rifles, they approached residents and boarded and searched their boats in the name of safety and "homeland security."
One resident, who asked not to be identified for fear or retribution, said his experience was "very intimidating, very frightening."
"To me it reeks of Nazi Germany and the death squads in Argentina," he said. "I don't want my name on their list."
Scott Jones, a live-aboard resident who was searched, said there has been talk in the harbor about contacting the American Civil Liberties Union, but he first wants to hear further from the Coast Guard about its future intentions.
Lt. Mark Warren of the Monterey Coast Guard Station said he has heard mostly positive response to the operation, but may rethink future actions given current criticisms.
"We take lessons and learn from these types of operations. If the public is genuinely distasteful of it, we might not do it," he said. "I'm not saying we won't, but I'm not saying we will."
In addition to trying to ensure the safety of boats on the bay during the holiday weekend, Warren said, the operation was part of an effort to increase the public's awareness of the Coast Guard's role as a law enforcement agency under the Department of Homeland Security. He said the public might have been surprised to see weaponry that is now standard issue to all Homeland Security forces.
"I, as a U.S. citizen, am highly offended by that," said Jones, who is accustomed to Coast Guard boardings when he sails. "When a sheriff's deputy drives down the road or a CHP officer drives down the road and I see them, I'm aware of his job, and not because he's pulled me over and put a gun to my head.
"The Coast Guard's needs would be better served by an advertising campaign," he said, "rather than bullying people in their bedrooms at 10:30 at night."
Jones said he and his wife were sleeping when they were awakened by knocking on the side of the boat.
He went to the deck and was confronted by two armed officers asking if they could come aboard. Thinking something had happened in the harbor that the officers needed to talk to him about, Jones acquiesced.
"It seemed a little unreasonable at 10:30 at night," he said, "but it was the middle of the night and I was half asleep, so I said 'OK.' At this point, I looked out and saw six to eight officers (on the dock) and all appeared armed."
The officers boarded his boat and quickly spread out beyond the immediate deck without invitation, saying they were conducting a safety inspection.
"I can say with all certainly that what they did was not a safety inspection or in any way related to a safety inspection," he said. The officers demanded access to the bilge, saying they wanted to make sure the boat wasn't taking on water.
"This was highly suspect," Jones said. "If you're on board, you'd know if you were taking on water."
When Jones showed them the bilge, the officers repeatedly, and with increasing forcefulness, demanded to know if there were other accesses to the bilge. They also "demanded" the driver's licenses of everyone on board.
Increasingly upset by the nature of the search, Jones asked for the officers' authority and justification. One officer read to him from a federal code authorizing the search.
"It was either the Patriot Act or homeland security,"Jones said.
Warren said the officers would not have cited the Patriot Act because it affords the Coast Guard no additional authority.
Jones conceded he may have heard "homeland security" and registered "Patriot Act," but still feels the search was unwarranted and in a gray area of the law at best.
"I wouldn't question their professionalism, but I do question their motive and their authority," he said. "To me, it sounds like something that an ACLU lawyer would just tear apart."
Coast Guard officials say they are authorized by maritime law to board and search vessels on U.S. waters, including waters that lead to U.S. waters, to enforce federal laws.
Warren said the officers were attempting to ensure the safety and compliance of docked boats by checking for oily water in their bilges and that their sanitation devices were in locked position. Some searches were conducted at night in an effort to catch boats before they went onto the bay for the weekend.
The second boat owner who spoke to The Herald said his boat was searched after he challenged officers who were searching other boats, at 10:30 p.m. Sept. 2, and during the morning on following days. Told they were acting as Homeland Security officers, he asked what they were protecting the harbor from.
"Terrorists," he said he was told by the officers, who exhorted him to "remember the Cole," referring to the October 2000 attack by terrorists on the USS Cole that killed 17 sailors.
"The only terrorists down here are you guys," he told them. "You're scaring the hell out of me with that machine gun."
While Warren was noncommittal about future searches, he said it is important for the public to know the Coast Guard's presence will be increased.
"The Coast Guard's focus on homeland security has increased our presence on the water and will continue to increase our presence simply because that's what Congress is wanting us to do right now," he said. "The concern at the congressional level about the security of ports is pretty high."
"If smugglers come in at midnite they should not be harassed?"
Then it wasn't a "safety check" was it?
Right. "A heightened sense of security", meaning the War on Terror that even el Presidente has said won't be over for decades.
From the article:
"The second boat owner who spoke to The Herald said his boat was searched after he challenged officers who were searching other boats, at 10:30 p.m. Sept. 2, and during the morning on following days. Told they were acting as Homeland Security officers, he asked what they were protecting the harbor from.
"Terrorists," he said he was told by the officers, who exhorted him to "remember the Cole," referring to the October 2000 attack by terrorists on the USS Cole that killed 17 sailors."
Yup, the Yemeni bombers were in this guy's bilge tank!
Your papers, NOW!
Suppose for a moment these were the real mccoy smugglers. Would you advise starting the search with the statement "We suspect you of smuggling, and we are going to look for drugs", or the non-confrontational "We would like to perform a safety inspection".
These LE guys would like to see noone get hurt, including themselves.
Do you think that customs officers should have to get a warrant to search someone crossing the border?
Family members of the "Coast Guard" should be subject to random searches with loaded machine guns pointed at them. This should take place at random times throughout the night or day. If this treatment is good enough for average citizens, it is good enough for the families. Just chalk it up to sensitivity training for the Homeland Security workers.
"Yup, the Yemeni bombers were in this guy's bilge tank!"
When the owner gets nasty about someone searching his bilge tank, yeah, I'd start wondering if that were the case.
Bottom line: admiralty law applies on navigable waterways, and has ever since the first days of the United States. If you don't like that, then renounce your citizenship and GTFOOMC.
"Do you think that customs officers should have to get a warrant to search someone crossing the border?"
He may be a Libertarian, who doesn't believe in enforcing the border.
Hell, maybe he has a profitable little sideline in drug and people trafficking.
Why should the boating public (often very wealthy) sass LE officers who must work to earn a living? Don't you believe they should be treated with respect too?
BTW, I would hardly call a safety inspection done respectfully as revenge, would you?
I bought a new boat and we were boarded by the Coast Guard within weeks of purchase. They were armed. We were told in our boating course that the Coast Guard could board and check the vessel for safety vests, flares, fire extinguishes, paperwork and any and all saftey violations.
We opened up our boat for them, we gave them the paperwork and they checked us out. The chances of someone hitting the bay bridge over the Chesapeake or any other bridge is on their mind. I thanked them for their service. One young man told me he seldom heard that from anyone.....they were professional. The water was a bit choppy and the vessels were tied together in open water. The guardsman took care to tie up carefully and protect our new boat with several bumpers. I am glad they are on the job. They have their hands full with nuts and drunks using boats.
The post 2000 freepers will see the necessity in this. I mean it is for the children and all.
Since Sep 14, 2004
The waste disposal thing might actually be a federal reg.
Yep. Kinda like those BATF Rambo's a few years back down in Waco.
Rather a tough price to pay.
Hey Tonk...check out this thread..