Posted on 06/22/2004 8:30:42 PM PDT by libertynews
According to this Seattle Times Story the senior deputy attorney general of Washington State, Steve Reinmuth, says that the state constitutional prohibition against vehicle searches without probable cause was "pre-empted by an order the Coast Guard issued yesterday."
"Rear Adm. Jeffrey Garrett, commander of the Coast Guard's 13th District, said the order requires Washington State Ferries to comply with all federal maritime-security requirements effective July 1 — including physical inspections, if necessary.
He would not provide a copy of the order, again citing security concerns."[Emphasis added ed.]
(Excerpt) Read more at seattletimes.nwsource.com ...
Game wardens don't seem to think the Constitution applies to them either.
Why did you change the title?
^%#$*@!^* the ACLU and their little horsey they rode in on. That said I don't like the law.
'all vestiges of the old "republic" have been wiped away, it is all happening JUST as I have foreseen it'
--the evil emporer, star wars, episode four.
(I think)
Whoops, I didn't mean to check the 'excerpt' box. My title describes the situation a bit more clearly I think. They're not just searching without probably cause, they're overriding a previous ruling by the state's Attorney General.
Good..Well done USCG....
depends on whether the waters are in are of federal jurisdiction.
ping
all vestiges of the old "republic" have been wiped awayYou ever heard the term maritime law pilgrim?
The concept predates so-called constitutional law by a bit ...
Sorry...the ferry to Canada is very different than the ferry from Bainbridge to Seattle. One crosses an international border. The difference may be insignificant to you, but in both cases the constitution (both Fereral and State) apply.
That said, I believe we are at war and the constitutions are not a suicide pact.
Not only does the Coast Guard think they can override the Constitution of the State of Washington, they won't even ...You wanna re-write some of the laws and responsibilities regarding vessels plying the water-ways?
I swear, some of you people live in a bubble and have a historic 'event horizon' of only a couple of years ...
Would you get on a plane from Seattle to Washington DC if no one was searched? My point being , when others are at risk on public transportation, search in my opinion is OK.
Where have you been, missed ya.
Would you get on a plane from Seattle to Washington DC if no one was searched?
Now, say that with a straight face!
A car bomb detonated on a ferry or, more likely, on several ferries simultaneously would be a great victory for Al Qaeda or an affiliate.
The same people complaining about vehicle searches on ferries would likely be the first to criticize the lack of them if a terrorist attack succeeded.
I am reminded of those who complain about airport security being lax, then complain about being searched at airports. There is no way to keep ferries secure without searching passenger vehicles, just as you can't keep aircraft secure without searching passenger baggage.
A ferry is a vessel that can carry the lives of hundreds of people, like an airplane. Unless you are a crewman, it's not your bedroom, searching vehicles aboard them during a time when terrorists are known to be operating in our country is not an unreasonable search, and complaining about keeping ferries safe is the wrong side of the argument to be on.
Having said that, this "secret order" business obviously needs to be cleaned up.
http://www.uslegalforms.com/lawdigest/legal-definitions.php/US/US-ADMIRALTY.htm
Admiralty and Maritime Law and Legal Definition
Admiralty law or maritime law is the distinct body of law (both substantive and procedural) governing navigation and shipping. Topics associated with this field in legal reference works may include: shipping; navigation; waters; commerce; seamen; towage; wharves, piers, and docks; insurance; maritime liens; canals; and recreation. Piracy (ship hijacking) is also an aspect of admiralty.
The courts and Congress seek to create a uniform body of admiralty law both nationally and internationally in order to facilitate commerce. The federal courts derive their exclusive jurisdiction over this field from the Judiciary Act of 1789 and from Article III, § 2 of the U.S. Constitution. Congress regulates admiralty partially through the Commerce Clause. American admiralty law formerly applied only to American tidal waters. It now extends to any waters navigable within the United States for interstate or foreign commerce. In such waters admiralty jurisdiction includes maritime matters not involving interstate commerce, including recreational boating.
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