Marine Patrol, Friday Night (4rth) at Weirs

[Mee-n-Mac]

Originally Posted by NightWing

Get past that. Driveby canoe and kayak checks used to be fairly common since a number of drownings in the spring and fall resulted from capsizing or falling out of a canoe. PFDs were not always found. However, it isn't done anymore as far as enforcement goes. And yes, the authority to stop at any time still exists.

Respectfully I disagree. While the NHMP asserts it can perform safety checks at any time, I don't see how that jives with the decision and the reasoning given by the majority in the case I previously presented. They dismissed the charge because they ruled the safety check to be a "stop" and all "stops" require "articulable suspicion" per NH law. They didn't excuse it because the stop was a safety check. Since the NHMP doesn't exercise what it thinks is it's authority it's a moot point but in cases where the courts have ruled I don't see much leeway for the NHMP in safety checks other than for them to be, legally speaking, voluntary. They seem to be able to ask if you have a PFD but you aren't required to answer.