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curtish
06-19-2012, 12:02 AM
What is the legal grounds for a Sheriff to stop you on the water to "check your equipment" (throwable, fire extinguisher, number of vests, etc.)? How/why are they allowed to do this? Bugs the crap out of me. Cops aren't allowed to just stop you on the street. They need to have probable cause. Are the rules different on the water?

sp00ky
06-19-2012, 12:51 AM
What is the legal grounds for a Sheriff to stop you on the water to "check your equipment" (throwable, fire extinguisher, number of vests, etc.)? How/why are they allowed to do this? Bugs the crap out of me. Cops aren't allowed to just stop you on the street. They need to have probable cause. Are the rules different on the water?

It's always been this way on lake Lanier as its a corps of engineers lake patrolled by DNR. So I think it depends on the waterway.

sp00ky
06-19-2012, 12:59 AM
What is the legal grounds for a Sheriff to stop you on the water to "check your equipment" (throwable, fire extinguisher, number of vests, etc.)? How/why are they allowed to do this? Bugs the crap out of me. Cops aren't allowed to just stop you on the street. They need to have probable cause. Are the rules different on the water?

Here's an interesting article why it's different.

http://www.policeone.com/airborne-maritime/articles/4879748-Drug-interdiction-The-search-authority-of-maritime-cops/

Brian B
06-19-2012, 01:52 AM
Here is your answer

http://www.riverdavesplace.com/forums/showthread.php?t=75740

russlars
06-19-2012, 02:06 AM
What is the legal grounds for a Sheriff to stop you on the water to "check your equipment" (throwable, fire extinguisher, number of vests, etc.)? How/why are they allowed to do this? Bugs the crap out of me. Cops aren't allowed to just stop you on the street. They need to have probable cause. Are the rules different on the water?
That wouldn't happen to be Lake Billy Chinook in Oregon where you were checked?

dfmaus
06-19-2012, 07:20 AM
I don't know about legal grounds, but we've found that if you have more than 3 young ladies in the boat, you're pretty sure to get stopped and your "equipment" checked out :)

What is the legal grounds for a Sheriff to stop you on the water to "check your equipment" (throwable, fire extinguisher, number of vests, etc.)? How/why are they allowed to do this? Bugs the crap out of me. Cops aren't allowed to just stop you on the street. They need to have probable cause. Are the rules different on the water?

CruisinGA
06-19-2012, 08:17 AM
Sp00ky - All lakes/ waterways in GA are patrolled by DNR.

Up on Blue Ridge, just about anything can get you pulled over, but they don't seem to stop you unless there is some kind of 'reason'.

Tri4X2
06-19-2012, 08:38 AM
Texas states they can stop you anytime they want. No probable cause, no reason, no nothing. It never has made sense to me.

caden
06-19-2012, 08:49 AM
In Tennessee the TWRA has always been able to do this.
Never seems to be a problem on our lake.
Jet skis and pontoon boats seem to get most of the attention.
You would be amazed how many pontoon boats don't have enough life jackets on board.
They have stopped my son on a jet ski to make sure he has his boaters license.
On slow days they even stop by the dock and talk.
I am all for it, although now, they know our boat and jet skis and just wave.

Granite_33
06-19-2012, 08:55 AM
I don't know about legal grounds, but we've found that if you have more than 3 young ladies in the boat, you're pretty sure to get stopped and your "equipment" checked out :)

The ONLY time we have ever been stopped is when there are more than a few slimmies on the boat. The last time the officer did not even look for safety equipment. He had a sly smile and I could tell behind his sunglasses he was not looking at me or at my registration. :mad:

76S&S
06-19-2012, 08:55 AM
Last summer after a rain storm I received a warning for driving on the wrong side of the river!!! And I wasn't even in the chanel and we were the only boat on the water.

SilviaMan
06-19-2012, 09:01 AM
We were pulled over for "bow riding" when my wife was sitting on the dog house holding onto the pylon. Guy made my pregnant lady lift up the cooler and show him the cokes in it. I was less than pleased with the whole situation.
Been on that lake in that boat for nearly 30 years... never have been stopped for sitting on the dog house. Sometimes I think they just want something to do... justify their reason for being out on the lake type thing.
I wish they would hang out around the ramps, that would keep them busy for hours!

03 35th Anniversary
06-19-2012, 09:07 AM
What is the legal grounds for a Sheriff to stop you on the water to "check your equipment" (throwable, fire extinguisher, number of vests, etc.)? How/why are they allowed to do this? Bugs the crap out of me. Cops aren't allowed to just stop you on the street. They need to have probable cause. Are the rules different on the water?

Launching your boat..... It is like that everywhere.

mzimme
06-19-2012, 09:43 AM
I was stopped on Havasu one day on a rental 'toon for "having people in front of the driver". Yeah, there's a giant bench seat for people to sit there...

I got to do the whole sobriety test and everything. Of course, this was during spring break and we were stopped every day for some BS reason. By the looks of it though, it doesn't seem they need a reason.

02ProstarSammyD
06-19-2012, 09:47 AM
I freaking hate my lake. They love to stop us for no freakin reason and to be honest I'm tired of hiding my beer and drinking liquor in gatorade bottles lol. Stupid dry lakes

mzimme
06-19-2012, 10:04 AM
I freaking hate my lake. They love to stop us for no freakin reason and to be honest I'm tired of hiding my beer and drinking liquor in gatorade bottles lol. Stupid dry lakes

Dry lake? Talk about oxymoron. :)

MattsCraft
06-19-2012, 10:05 AM
We were stopped 3 weeks ago, my son was standing in the walkway facing and talking to me as we passed them. They turned around and immediately came up behind us, I knew we were getting pulled over so I just dropped off of plane and waited. They had 3 guys on the boat, one with a video camera. 5 of us on the boat, open beers everywhere. (Not a concern for me, only have 1 or 2 for an entire afternoon) We were in KY, the law is vague, but pretty sure they can ticket/arrest for open container.

Anyway, I immediately shut down the boat as they pulled up, politely greeted them and asked if they were going to board. The officer said probably not, and asked if I knew why he pulled me over and I said yes, because my son was standing while underway and he said yup! He then said he needed to do a safety check for throwable, 5 life vest, (I carry 12, boat capacity is 11) fire extinguisher (had not checked this season, thank goodness it was still in the Good range) and watercraft registration. Of course I had everything and knew where it all was. He did not check the horn, distress flag and night signals and never said a word about the beers. (All required in KY, not the beer, lol):rolleyes: They were very polite as I was back, said have a nice day, be safe and we went on our way, he then immediately pulled over another boat for no reason, so I guess they would have pulled us over regardless as it seemed they were on safety patrol. Kinda strange, as I have never seen them up that far on the little river we boat on.


The one officer asked before they left if I had been a boater long, and I commented, all my life, and he said it shows... Point being, they are there to do a job, don't be a jerk, show you are an adult, pays dividends in the end, act like a jerk and I am pretty sure they will find a reason to arrest or write a ticket.


Off topic, but we just had a friend of a friend killed on the Ohio last week from a nighttime broadside boating accident. Nightime runnig fast and alchohol do not mix.:(

http://www.local12.com/mostpopular/story/Man-Dies-From-Injuries-in-Boat-Crash-on-Ohio-River/I0LBGiZKu02A4eKPyZxtgQ.cspx

vandit0022
06-19-2012, 10:38 AM
Just a side note I guess, on the water here many departments have been given federal or state grants for marine patrols based on safety. This creates a requirement that they conduct xxx amount of safety inspections as a condition of the grant. Most of these happen at the ramp. Just like on a road, it's easy to find a reason to pull someone over.


Sent from my iPad using Tapatalk

02ProstarSammyD
06-19-2012, 10:48 AM
Dry lake? Talk about oxymoron.
I find it to be. I didn't know forever and we've gone out and done a 5 hour soak with a DD. Maybe its just me but I associate a good day on the water with a cold beer in my hand. With the way the boat is rigged up it feels like prohibition. Just need a cigarette boat to make runs from the water popo

Granite_33
06-19-2012, 10:50 AM
The one officer asked before they left if I had been a boater long, and I commented, all my life, and he said it shows... Point being, they are there to do a job, don't be a jerk, show you are an adult, pays dividends in the end, act like a jerk and I am pretty sure they will find a reason to arrest or write a ticket.




I will never understand why people want to get into arguments or become belligerent. Its a no win situation, and in the case of boating, Sherriff and DNR authority is much broader. Some people think this is like a traffic stop and immediately go into their "I have rights" speech. Being polite keeps you out of trouble 97% of the time. :)

kskonn
06-19-2012, 10:52 AM
The lake I am on in texas is mostly patrolled by game wardens, and they can pretty much do whatever they want. Normally they are pretty cool, they have never pulled me over, they do always come up if you are anchored and ask to check life jackets, fire extinquisher, throwables etc... once they get to know you they just stop say hello and ask if we have seen any idiots on the lake that day. I have only seen them pull over people pulling kids on tubes to close to another boat or the shoreline. I would say they have good reason to pull those people over, we have had a kid die about every two years from being slammed into a dock on a tube by a non local boater that does not know the lake.

CumberlandXstar
06-19-2012, 11:05 AM
My lake is dry, but the water patrol is pretty cool. Got pulled over one time while surfing to check and see if we had approved vest about 6 years ago and never stopped again.

73blue
06-19-2012, 02:22 PM
Just a head's up for you East TN folks, TWRA's doing their big BUI push this weekend, so you will most likely get stopped and checked at some point. Stay legal and you shouldn't have an issue.

swatguy
06-19-2012, 03:35 PM
What is the legal grounds for a Sheriff to stop you on the water to "check your equipment" (throwable, fire extinguisher, number of vests, etc.)? How/why are they allowed to do this? Bugs the crap out of me. Cops aren't allowed to just stop you on the street. They need to have probable cause. Are the rules different on the water?

Let me just correct you on a misconception you have. The police don't need "probable cause" to pull you over or stop you on the street. This is usually the first mistake of self taught law. The police need "reasonable suspicion" in order to perform a stop. Its been upheld over and over and over again in the Supreme Court and there is a huge requirement difference between the two. Probable cause is needed to actually physically arrest a person and charge them with a crime.

As mentioned the laws are much different regarding the water. Some of the articles and links give some info regarding that. Boating does not require a specific license in most states and requires zero training regarding any operation of the vessel. All you do is sign on the dotted line and away you go (again in most states). These vehicles have no brakes, minimal accident avoidance, and don't handle very well at low speeds or high speeds when compared to a car. The boating environment is also filled with way more distractions regarding music, people, congestion, and beverages in the atmosphere. Boating requires no permits to held for a period of time, no required education, and no test of knowledge regarding the subject matter to participate. I can't recall the exact number given to us by the coast guard at training but it was somewhere in the realm of boating fatalities and severe accidents are in the above 80% range involving alcohol.

I have had my fair share of dealings with some of the local water police. Couple of them with "that guy". Every occupation has them and I am by no means defending them. In the 3 yrs I did the wate I never once wrote a citation that wasn't earned after the check by the boat owner by their demeanor. For the group of 6 of us that did that gig it was always in the hands of the boat owner on whether or not they were getting a ticket for the "small things" as some would say. These safety checks last maybe 10min tops. In the grand scheme of things if you are 100% legit then why even sweat it. 10 min out of you day cruising across the lake isn't an inconvenience as far as I see it. I am always legit and know my boat's in order so when they do come I have no issues and I am gone in 5min. I would rather loose 5 min of my day then my life because some idiot who has no clue about boating and can't control his alcohol intake slams into me and my family. A lot of these "safety checks" are more of an interaction and a social visit to make sure the boat owner is familiar with boating rules and laws not punishments for wrongdoings. If people could answer a few of our questions and could articulate they understand what boating involves the stop was concise and quick. If not it became more of an education. I am not going to get into quotas as I don't agree with them and I have yet to ever experience them in any part of law enforcement that I have been part of. YES SERIOUSLY. Are you encouraged to be pro active, set goals, and usually rewarded for doing a good job and working hard.......yes just like anywhere else. You can't exist if you do nothing all day. Do we have our fare share of db's you bet as does every place of employment, unfortunately in the case of officers you are forced to interact with them and it leaves a very bad view.

In the end the water is a dangerous place. 5-10min to of my day is perfectly ok with me to make sure people are up to par. Have I ever decided to board a boat and get a better look...........have you ever anchored or tied up next to the party boat with girls dancing? Consider it a perk :woohoo:

Tri4X2
06-19-2012, 03:59 PM
Still don't like it... there are plenty of MORONs these guys should be stopping. Yesterday was a perfect example of it for my wife and I. We had 3 boats by Mansfield Dam here in Austin that where together in rented boats. All of them with children up front standing, drivers with Beers in their hands, throwing wakes over peoples boats in no wake zones. One owner of a bass boat was swamped so bad I thought he was going under. THESE are the people they need to be stoping and checking. Trust me I get it, but some of these guys (Yes I've had them stop me many of times) shouldn't even be on the water. I think most of these accidents that people talk about are the idiots that speed at night and have no idea how to operate a boat.

Personally I think the laws should be changed. You should not be able to drink and drive on the lake. This promotes people to sit in a cove, pound beer, and then take their buddies/ladies on joy rides. Texas law states, you can drink on a boat and you can even drink while driving the boat.

Again, maybe this doesn't pertain to us Mastercraft Owners, but I still don't like my vessel boarded when it's just me and my bikini clad wife surfing or boarding.

Rockman
06-19-2012, 04:17 PM
I don't mind the DNR (well, yes I do, but anyways) checking up on boaters in general but when they do pull you over and act like a--holes to you and treat you like a pos, then that's where I draw the line.
We have been pulled over to do the normal saftey checks and have passed without saying.

Only time we had a bit of a confrontation was when the DNR was trying to issue me a citation for not wearing a life vest while barefooting...he said it was the law...I politely pulled the Wisconsin rules book front the glove box and asked him to show me where...Wisconsin law does not state that you have to "wear" one. It states that you have to have one "available" for each member in the boat and also skiing. He then just asked to show proof of one for everyone in the boat which we had more than enough.

Most of the time they are out, they see that we have a MasterCraft, barefoot suits, boom, and everyone is civilized and they just give a wave.

Courtesy to me then courtesy to you.

02ProstarSammyD
06-19-2012, 04:28 PM
Personally I think the laws should be changed. You should not be able to drink and drive on the lake.

HUH?

This promotes people to sit in a cove, pound beer, and then take their buddies/ladies on joy rides.

Ive never really dealt with blitzed people on the lake. We have straight up idiots. I don't "pound" beer in the cove but I most certainly enjoy a few. Not having a beer on the lake is just straight up unamerican. Unless laws have changed down there you still can't be intoxicated while operating a boat. You really think its the people who aren't legally drunk but drinking that are causing the issues?

Most of the time they are out, they see that we have a MasterCraft, barefoot suits, boom, and everyone is civilized and they just give a wave
Not to self: Get barefoot boom. Kind of like me putting a honor student sticker on my truck right?

Tri4X2
06-19-2012, 04:43 PM
Not sure what you don't get there. Me, sure I have a few on the lake, but I also have a DD on the boat too. And you are right, you can not be intoxicated and opperate a boat, but the laws state you can actually have a beer in hand and drive the boat. There is nothing stating you can't.

I think a lot of what happens on the lake is not from experianced people. My old buddy (no longer board or boat with him) owns the Moomba, now he is one of those idiots you talk about. Him and a few of his buddies will drink at the dock, take the jets ski's out and act like fools. They drive the lake blitzed out of their mind. Not once have they been pulled over for a "routine" check. Amazing me.

HUH?



Ive never really dealt with blitzed people on the lake. We have straight up idiots. I don't "pound" beer in the cove but I most certainly enjoy a few. Not having a beer on the lake is just straight up unamerican. Unless laws have changed down there you still can't be intoxicated while operating a boat. You really think its the people who aren't legally drunk but drinking that are causing the issues?


Not to self: Get barefoot boom. Kind of like me putting a honor student sticker on my truck right?

lettmeknow
06-19-2012, 04:53 PM
What bothers me is the watercops who know less about operating a boat than I do. I've been boarded by some that can barely properly pull up along side of me without running into me. I was once ticketed for installing and skiing a portable ski course. The cop had no idea what it was eventhough he watched us ski it for about 30 minutes. I got lectured for putting in obstacles that could potentially cause damage to a boat. Also got a DUI check , it was like 7am! Ticket got thrown out in court as the judge had no idea what it was either.

Stx221
06-19-2012, 05:00 PM
Sunday I got a check from the Park Ranger of the state park I launch in. He checked that I had registration stickers on the boat. Then he asked if I had: registration in the glovebox, life jackets for 2 people (I had 8 and informed him), a throwable PFD, Fire Extinguisher, Noise making device (I told him I had a horn and that it works, all with a big smile when I hit the horn button).

His last question was: do you have enough gas to have some fun for the day?

That was it, I was off. Took all of 3 or 4 minutes and it was nice to know that I passed a minimal safety check. I was nice and thanked him for his check. His response as we pulled away from the launch dock: Just making sure everyone is safe in the regards to equipment as we have a lot of new boaters on the water this year. Guess he didn't think I was a new boater and had been doing it a while.


I am fine with it. There are a lot of knuckleheads out there that could use a quick reality check either at the launch dock or out on the water when they are doing something stupid. After your 5 minute "check" from whomever, did it really impact your day at all? You were still floating on a boat in the middle of a lake on a nice sunny day for those 5 minutes, right? Hands down beats mowing the lawn on a Saturday.

Rockman
06-19-2012, 05:04 PM
Kind of like me putting a honor student sticker on my truck right?

No, not really. :rolleyes:

snork
06-19-2012, 05:19 PM
Theres a female game warden that routinely pulls me over and checks my equipment :D

Seriously though I really don't mind random checks just keep your freak'n muddy boots off my gelcoat and don't even think you're coming within 2 feet of my hull with that POS confiscated fish boat.

This reminds me of a week ago, some DillWeed let a drunk off her ars, never driven a boat before whoabag, sit in the driver seat as he went to get his Ford Excruciation and trailer, he backs up onto the ramp, mind you I was there first to load my boat but I wanted to stay clear, so as he's coaching her how to drive the boat he's standing between the bunks and the cross bars and on the ramp, basically in the middle of the trailer, she guns the '83 190 and runs him flat over, thought I just witness a fatality, then she guns it in reverse and I was sure my XStar was her next victim. DillWeed miraculously emerges from under the trailer and begins to yell at her to turn the boat off and coast it towards him, this went on for at least 10 min. her circling, me hope'n she'd run it to aground but somehow it all ended without damages. I Pray to God I never see them again /,,\

I'd like to see the presents of at least one lawman daily where I go just to keep people in check.

snork
06-19-2012, 05:25 PM
Why is it all the F'n idiots gotta go to the lake, can't they go SkyDive'n or something?

BRAZOS 205
06-19-2012, 06:06 PM
I don't mind the safety checks. Haven't had one in awhile, but i remember them as being very quick, as long as you have all the appropriate gear. As stated before, there are no education requirements for operating a boat and the alcohol does flow on most vessels. I'd rather be able to drink a beer on my boat than to restrict maritime police stops. I have not come across an unpleasant cop/game warden on the water.

Footin
06-19-2012, 06:42 PM
I like the safety checks in Ohio, after you pass they give you a sticker for the side window. With this sticker on display you can almost offer a cop a beer and they will not bug you.

02ProstarSammyD
06-19-2012, 08:16 PM
Not sure what you don't get there. Me, sure I have a few on the lake, but I also have a DD on the boat too.
1 beer is not going to hurt anyone. I have a 20 min drive back to the ramps from our area. At dusk a beer cruising is nice. Its not going to hurt anyone. I see your point I really do but I also dont see the difference in me drinking my beer out of the boat, being legal, and then driving back. I always have a DD. One of my buddies will not for his life drink more than 2 beers just b/c he hates being drunk. hes there if I get too much "sun". IDK maybe Im just a redneck but its how I grew up.

I like the safety checks in Ohio, after you pass they give you a sticker for the side window. With this sticker on display you can almost offer a cop a beer and they will not bug you.
Went out last year on a river trip and everyone was pretty much hammered. Keys were in the boat for music and the man pulled up as my buddy was changing tunes. Probably 20 people between 3 boats in the water and they smiled and told us to keep the drunk away from the wheel. That I can handle.

I've only had 2 bad experiences over years and years with the water man. One was completely cutting me off and swamping me in a no wake zone on memorial day. He came back and said he didn't see me, was apologetic, and..............then asked if I had been drinking. Complete turd and soaked everyones crap in the boat.

2nd was a "check" where they followed way too close behind my rider to the point I had to be alil erratic to get away from them. Pulled me, said I was driving like a drunk, and then did a check. Hadn't had one drink that day and was just avoiding my rider getting killed.

I agree with Brazos completely. Hit people at the launch before they get out for the day. No freaking point in letting them get half a day in without proper equipment if thats really what they are looking for. No need to interupt runs or fun

03 35th Anniversary
06-19-2012, 08:28 PM
1 beer is not going to hurt anyone.

Ha!!!

I have used that line on many girls!!! ;)

























But have retired from that game since I am married now and not 20 years old any more...

02ProstarSammyD
06-19-2012, 08:44 PM
Mine dont have roofies in them though............sadly

Scottman
06-19-2012, 09:49 PM
We were stopped 3 weeks ago, my son was standing in the walkway facing and talking to me as we passed them. They turned around and immediately came up behind us, I knew we were getting pulled over so I just dropped off of plane and waited. They had 3 guys on the boat, one with a video camera. 5 of us on the boat, open beers everywhere. (Not a concern for me, only have 1 or 2 for an entire afternoon) We were in KY, the law is vague, but pretty sure they can ticket/arrest for open container.

Anyway, I immediately shut down the boat as they pulled up, politely greeted them and asked if they were going to board. The officer said probably not, and asked if I knew why he pulled me over and I said yes, because my son was standing while underway and he said yup! He then said he needed to do a safety check for throwable, 5 life vest, (I carry 12, boat capacity is 11) fire extinguisher (had not checked this season, thank goodness it was still in the Good range) and watercraft registration. Of course I had everything and knew where it all was. He did not check the horn, distress flag and night signals and never said a word about the beers. (All required in KY, not the beer, lol):rolleyes: They were very polite as I was back, said have a nice day, be safe and we went on our way, he then immediately pulled over another boat for no reason, so I guess they would have pulled us over regardless as it seemed they were on safety patrol. Kinda strange, as I have never seen them up that far on the little river we boat on.


The one officer asked before they left if I had been a boater long, and I commented, all my life, and he said it shows... Point being, they are there to do a job, don't be a jerk, show you are an adult, pays dividends in the end, act like a jerk and I am pretty sure they will find a reason to arrest or write a ticket.


Off topic, but we just had a friend of a friend killed on the Ohio last week from a nighttime broadside boating accident. Nightime runnig fast and alchohol do not mix.:(

http://www.local12.com/mostpopular/story/Man-Dies-From-Injuries-in-Boat-Crash-on-Ohio-River/I0LBGiZKu02A4eKPyZxtgQ.cspx


Was this on the Ohio River or on a lake? I'm in northern Kentucky and see the water patrol out all of the time on the river, but have never been pulled over. I'm sure it's just a matter of time, but I have nothing to worry about anyways.

Also, very sorry about your friend. Sounds like it was after that concert at Riverbend...being out at night after one of those is scary.

snork
06-19-2012, 10:01 PM
What part of the Brazos, BRAZOS 205?

Panda Cub
06-20-2012, 12:09 AM
In Illinois the Idnr pulls me over quite regularly to perform routine safety checks, I'd say once or twice a season. It's often enough that I've got to know a couple of the guys and when they see me the let me pull the boat out with the safety check.

scott023
06-20-2012, 08:34 AM
Ha!!!

I have used that line on many girls!!! ;)






















But have retired from that game since I am married now and not 20 years old any more...

:uglyhamme :uglyhamme

MattsCraft
06-20-2012, 09:02 AM
Was this on the Ohio River or on a lake? I'm in northern Kentucky and see the water patrol out all of the time on the river, but have never been pulled over. I'm sure it's just a matter of time, but I have nothing to worry about anyways.

Also, very sorry about your friend. Sounds like it was after that concert at Riverbend...being out at night after one of those is scary.

This was on the Ohio river, near Riverside boat launch. (West Side) They had attended the Fireworks after the Friday night Reds game, happened at 1:00 AM, not sure if they went to Ludlow Bromleys after or not but most likely. I have launched at Riverside many times, Bromleys fireworks etc. Just runs chills up my spine:cry: Kentucky mostly patrols the river as they own it, this weekend is Dry Water weekend (I Think) so expect them out in force. I was stopped on the Licking river, (feeds into the Ohio) We run about 5 miles up the licking from Fredricks Landing, typically we do not see water patrol past Fredericks, but the day I was stopped they were.

Just before I was stopped, my son & Willy had just completed a surf set sans life vest. I don't like this, had a lapse of judgement and will never ever let anyone do it behind my boat again without wearing one!

Also, as far as the Ohio near Cincy goes, mostly see them around the city and east up near Riverbend, once past Riverside west, don't see them much.

curtish
06-21-2012, 12:27 AM
I understand that everyone has their stories of being stopped (some good some bad) and that this is "the way it is" on the water. What I was after is, what is the legal basis/authority that permits "the man" to do this? So thank you to Sp00ky for the link. Interesting read.

curtish
06-21-2012, 12:33 AM
That wouldn't happen to be Lake Billy Chinook in Oregon where you were checked?

No sir, never been there.

JLowder
06-21-2012, 12:58 AM
1 beer is not going to hurt anyone. I have a 20 min drive back to the ramps from our area. At dusk a beer cruising is nice. Its not going to hurt anyone. I see your point I really do but I also dont see the difference in me drinking my beer out of the boat, being legal, and then driving back. I always have a DD. One of my buddies will not for his life drink more than 2 beers just b/c he hates being drunk. hes there if I get too much "sun". IDK maybe Im just a redneck but its how I grew up.



Serious?!? Beer is not going to hurt anyone... Tell that to the Prince Family and the thousands of other families who lose loved ones ever year to morons who drink and drive. While I have no problem with others drinking on board, the driving shouldn't be allowed to have one drop if he is going to be driving.

maxpower220
06-21-2012, 10:09 AM
What is the legal grounds for a Sheriff to stop you on the water to "check your equipment" (throwable, fire extinguisher, number of vests, etc.)? How/why are they allowed to do this?

There are 2 situations: 1. You are on open water and have access to "international waters". There, the constitution allows just about anything from law enforcement. The law is designed to cover piracy, smuggling, etc.
2: You are operating on a local lake with no way to leave the state, county, or country. You have the same rights as your car. Here is the issue, you must comply with law enforcement. So, you must stop and submit to their request (it is best to have a positive attitude). If asked, I say never agree to a search of your vehicle (or boat). They may do it anyway and that is OK. Once the boarding/check is over, politely ask for the name and badge number of each law enforcement officer on the boat.

At that point, you should decide what your constitutional rights mean to you. If you feel that your rights were violated, consult a lawyer (it's usually free). If LEO did, you have the right to file a complaint with the LEO department. Their internal affairs will look into the matter.
If you were issued a ticket/citation, consult a lawyer. Odds are, you will be able to defeat the ticket in court.

I am not a lawyer and I retied from the military, where my job was to "support and defend the constitution". I take issue with LEO overstepping the bounds of the constitution and sh!tting on my rights. LEO have a very difficult job and I appreciate their efforts. If they do their job properly and I act like a proper citizen, there will never be an issue. As to the issue of getting a lawyer, it is unfortunate that our legal system has evolved to this near requirement.

Granite_33
06-21-2012, 11:57 AM
Serious?!? Beer is not going to hurt anyone... Tell that to the Prince Family and the thousands of other families who lose loved ones ever year to morons who drink and drive. While I have no problem with others drinking on board, the driving shouldn't be allowed to have one drop if he is going to be driving.



The quote was "1" beer is not going to hurt anyone. And I happen to agree.

But that doesnt diminish the idiocy that people undertake on the water, beer or no beer.

mzimme
06-21-2012, 12:02 PM
Serious?!? Beer is not going to hurt anyone... Tell that to the Prince Family and the thousands of other families who lose loved ones ever year to morons who drink and drive. While I have no problem with others drinking on board, the driving shouldn't be allowed to have one drop if he is going to be driving.

Unless you weigh 60 pounds and have never had a beer in your life, one beer is not enough to cause lapses in judgement. As long as you're legal, there shouldn't be an issue. The legal limit is so low these days that it's very possible to get a BUI after two beers in under an hour.

Bottom line is be responsible.

thatsmrmastercraft
06-21-2012, 01:05 PM
My personal rule is I do not drink until the pulling is done. Once I have my first drink, I am done driving for the day.........other than a slow cruise. Perhaps being over-cautious, but that is the side I prefer to be on in this instance.

ntidsl
06-21-2012, 01:17 PM
I like seeing the cops on the water...sorry...but it does scare off a few people. I love when they pull people over for driving within 100 feet of the dock!!! They are there to enforce laws in 99% of the cases. Adhere to the law and you'll be fine!

jraben8
06-21-2012, 01:42 PM
I completely agree. The only time that they have looked twice at me on the water in Texas was when teaching my then young boys to ski. They watched which kept others away from us. They then came up close enough to compliment us and went on their way.

I have been approached/checked while on the ramp prior to launching but even then it was non-eventful.

They have a terribly tough job with little thanks; and all of my respect...

Rockman
06-21-2012, 01:44 PM
My personal rule is I do not drink until the pulling is done. Once I have my first drink, I am done driving for the day.........other than a slow cruise. Perhaps being over-cautious, but that is the side I prefer to be on in this instance.

Same way with us...

Granite_33
06-21-2012, 02:45 PM
Same way with us...

Third that. Having just one or two beers has no impairment effect on me, but it makes me really sleepy. Not something I want to be at 1PM, so why do it.