Winnipesaukee Forum - View Single Post - Is random boarding of vessels unconstitutional?

Irish Choppers · 05-21-2013, 08:07 PM

I have a boat on Winnipesaukee so this whole topic caught my attention.

In the 2004 case of NH v. McKeown it seems to me that the NH SJC has made it very clear that the Marine Patrol cannot conduct routine stops of vessels for the purpose of conducting a safety inspection.

SOP 2010: "Boats shall not be stopped for discretionary reasons", there must exist in the opinion of the Marine Patrol Officer an articulable suspicion that the operator, or other occupant of the boat is in violation of some criminal behavior or boating law, rule or regulation.

That all being said, as a veteran law enforcement officer I have tremendous respect for the good work of the Marine Patrol.

05-21-2013, 08:07 PM	#9
Irish Choppers Senior Member Join Date: Apr 2011 Location: Worcester MA / Meredith NH / Ft. Lauderdale, FLA Posts: 89 Thanks: 20 Thanked 65 Times in 31 Posts	New Hampshire v. McKeown I have a boat on Winnipesaukee so this whole topic caught my attention. In the 2004 case of NH v. McKeown it seems to me that the NH SJC has made it very clear that the Marine Patrol cannot conduct routine stops of vessels for the purpose of conducting a safety inspection. SOP 2010: "Boats shall not be stopped for discretionary reasons", there must exist in the opinion of the Marine Patrol Officer an articulable suspicion that the operator, or other occupant of the boat is in violation of some criminal behavior or boating law, rule or regulation. That all being said, as a veteran law enforcement officer I have tremendous respect for the good work of the Marine Patrol. Last edited by Irish Choppers; 05-21-2013 at 09:39 PM.

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