Quote:
Originally Posted by CTYankee
The short answer to the original question is: Yes. The government is not allowed to detain and board a vessel without probable cause that a crime or violation has been committed.
It does not matter what the New Hampshire Constitution or state or local law/ordinance says to the contrary. Such action has been found unconstitutional under the Federal Constitution.
|
A law enforcement officer only needs articulable suspicion to stop and temporarily detain a vessel. Articulable suspicion is a lesser requirement than probable cause. Probable cause is what an officer needs to effect an arrest, and is usually derived from observations obtained after articulable suspicion led to the original stop and temporary detention. There is a significant difference between articulable suspicion and probable cause, although the two terms are often confused. They are not interchangeable.
Additionally on inland waters under State control, like Winnipesaukee, an officer would need articulable suspicion to temporarily stop and board a vessel. However, that does not pertain to Federal navigable waterways such as most of the Piscatiqua River and its any tributaries near thisState's coast line. On a Federal Navigable waterway the Coast Guard can and will board you or random inspections, no articulable suspicion is required. Likewise the State has entered into a reciprocal agreement with the Federal Government in reference to the Marine Patrol that gives the NHMP the same powers as the Coast Guard in Federal navigable waterways, allowing the NHMP to make random checks as well.
I am boarded for routine inspection at least once a year down here, and on most occasions the boarding vessel consists of both Coast Guard and NHMP officers working together.
Same State, different waterways, completely different set of rules recognized by the Courts.