[Mike M.]

Originally Posted by NightWing

You don't need a link. It has been posted here dozens of times. If you can't find the answer or don't believe it, make the call.

293-2037

It has nothing to do with believing what I'm reading, my confusion is because I have just read multiple responses to my question.

Originally Posted by Kchane

Actually, the rules for pulling over a car and a boat are completely different. The MP (or Coast Guard et al) do not need ANY reason at all to stop a boat and check it out. Here is one RSA that I found that mentions the matter. There are federal laws as well that essentially say the same thing that apply when in Coast Guard patrolled waters.

270-D:6 Inspections. – All vessels afloat on public waters may be inspected by the commissioner or his duly authorized representative, to determine their seaworthiness and safety equipment at any time. No person shall allow any vessel which fails to pass such inspection to be used or operated on the waters of this state until brought into compliance.

Notice that it says "at any time" and that there are no prerequisites.

Here is a link to the CG rule:

http://uscgboating.org/safety/fedreqs/law_board.htm

Ken

and...

Originally Posted by Kamper

I believe a recent NH Supreme Court decision said that was incorrect. NH police including NHMP need probable cause for stops. No more random "safety inspections" was the main result. It's possible they can do BWI check-points the same as land police do for DWI, and they have been accused of "forcing" '150ft rule' violations to justify a stop.

Once they stop your boat for anything they can then do a safety check and if they observe behaviors that indicate intoxicaton, or turn up other violations, they can act. This is probably something a good lawyer could get thrown out if you can afford to fight it through apeals. I'm sure our legal expert, Skip, will clarifiy this if I'm too far off the mark. Still it's safer to behave than trust the court will see it your way.

So I guess I’m just confused because of my ignorance of the law.

States should have jurisdiction over federal law, but clearly federal law is enforced in states that have deemed some federal laws unconstitutional.

So if NH supreme court upholds our constitutional rights but there is a federal law allowing the coast guard to inspect any boat, does that mean you could potentially be stopped and searched in NH waters by the coast guard 'legally'?

I guess I will just give them a call tomorrow to find out.