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Boat owners say they were fearful during Coast Guard search
The Monterey Herald ^ | September 18, 2005 | VIRGINIA HENNESSEY

Posted on 09/22/2005 2:42:37 PM PDT by Tolerance Sucks Rocks

Two of the Moss Landing Harbor residents who were the subjects of random boat searches during Labor Day Weekend say their experiences were closer to armed invasions than the friendly "safety inspections" characterized by U.S. Coast Guard officials.

Both residents said search crews entered the harbor in inflatable boats with machine guns mounted on their bows. Then, carrying M-16 rifles, they approached residents and boarded and searched their boats in the name of safety and "homeland security."

One resident, who asked not to be identified for fear or retribution, said his experience was "very intimidating, very frightening."

"To me it reeks of Nazi Germany and the death squads in Argentina," he said. "I don't want my name on their list."

Scott Jones, a live-aboard resident who was searched, said there has been talk in the harbor about contacting the American Civil Liberties Union, but he first wants to hear further from the Coast Guard about its future intentions.

Lt. Mark Warren of the Monterey Coast Guard Station said he has heard mostly positive response to the operation, but may rethink future actions given current criticisms.

"We take lessons and learn from these types of operations. If the public is genuinely distasteful of it, we might not do it," he said. "I'm not saying we won't, but I'm not saying we will."

In addition to trying to ensure the safety of boats on the bay during the holiday weekend, Warren said, the operation was part of an effort to increase the public's awareness of the Coast Guard's role as a law enforcement agency under the Department of Homeland Security. He said the public might have been surprised to see weaponry that is now standard issue to all Homeland Security forces.

"I, as a U.S. citizen, am highly offended by that," said Jones, who is accustomed to Coast Guard boardings when he sails. "When a sheriff's deputy drives down the road or a CHP officer drives down the road and I see them, I'm aware of his job, and not because he's pulled me over and put a gun to my head.

"The Coast Guard's needs would be better served by an advertising campaign," he said, "rather than bullying people in their bedrooms at 10:30 at night."

Jones said he and his wife were sleeping when they were awakened by knocking on the side of the boat.

He went to the deck and was confronted by two armed officers asking if they could come aboard. Thinking something had happened in the harbor that the officers needed to talk to him about, Jones acquiesced.

"It seemed a little unreasonable at 10:30 at night," he said, "but it was the middle of the night and I was half asleep, so I said 'OK.' At this point, I looked out and saw six to eight officers (on the dock) and all appeared armed."

The officers boarded his boat and quickly spread out beyond the immediate deck without invitation, saying they were conducting a safety inspection.

"I can say with all certainly that what they did was not a safety inspection or in any way related to a safety inspection," he said. The officers demanded access to the bilge, saying they wanted to make sure the boat wasn't taking on water.

"This was highly suspect," Jones said. "If you're on board, you'd know if you were taking on water."

When Jones showed them the bilge, the officers repeatedly, and with increasing forcefulness, demanded to know if there were other accesses to the bilge. They also "demanded" the driver's licenses of everyone on board.

Increasingly upset by the nature of the search, Jones asked for the officers' authority and justification. One officer read to him from a federal code authorizing the search.

"It was either the Patriot Act or homeland security,"Jones said.

Warren said the officers would not have cited the Patriot Act because it affords the Coast Guard no additional authority.

Jones conceded he may have heard "homeland security" and registered "Patriot Act," but still feels the search was unwarranted and in a gray area of the law at best.

"I wouldn't question their professionalism, but I do question their motive and their authority," he said. "To me, it sounds like something that an ACLU lawyer would just tear apart."

Coast Guard officials say they are authorized by maritime law to board and search vessels on U.S. waters, including waters that lead to U.S. waters, to enforce federal laws.

Warren said the officers were attempting to ensure the safety and compliance of docked boats by checking for oily water in their bilges and that their sanitation devices were in locked position. Some searches were conducted at night in an effort to catch boats before they went onto the bay for the weekend.

The second boat owner who spoke to The Herald said his boat was searched after he challenged officers who were searching other boats, at 10:30 p.m. Sept. 2, and during the morning on following days. Told they were acting as Homeland Security officers, he asked what they were protecting the harbor from.

"Terrorists," he said he was told by the officers, who exhorted him to "remember the Cole," referring to the October 2000 attack by terrorists on the USS Cole that killed 17 sailors.

"The only terrorists down here are you guys," he told them. "You're scaring the hell out of me with that machine gun."

While Warren was noncommittal about future searches, he said it is important for the public to know the Coast Guard's presence will be increased.

"The Coast Guard's focus on homeland security has increased our presence on the water and will continue to increase our presence simply because that's what Congress is wanting us to do right now," he said. "The concern at the congressional level about the security of ports is pretty high."


TOPICS: Constitution/Conservatism; Government; News/Current Events; War on Terror
KEYWORDS: 4a; 4thamendment; aclu; armedinvasions; boatdwellers; coastguard; donutwatch; druggielibs; fourthamendment; gwot; homelandsecurity; inspections; jackbootedthugs; jackboots; law; libertariansridiots; mosslanding; nazis; newworldorder; patriotact; searches; terrorism; terrorists; threat; trollsgalore; uscg; usscole; wodlist
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To: Tolerance Sucks Rocks

This is certainly one of the more interesting posts. I never knew all this about the USCG and maritime law.

I'll probably never be boarded by the Coast Guard because I try to stay away from waters where the things that live there can eat you in one bite.

Walleyes and bass is about it for me.


261 posted on 09/22/2005 6:27:02 PM PDT by sergeantdave (Member of Arbor Day Foundation, travelling the country and destroying open space)
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To: GodBlessUSA
"They also have to deal with smart alec people who drink/partying and are not cooperative on holiday weekends."

Then I guess they can enter my house by force if I am having a good time on the weekend? They would have a few holes in their treasonous skulls.

Now if these boardings were made on boats underway and maybe being operated in an unsafe manner then sure they should be checked out.

This used to be a Conservative site but I guess in the name of safety there are more and more dolts willing to allow the government to do whatever they want.

Want to fight a real war on terror, then close every weapons factory being disguised as a mosque. Deport every non-citizen rag head immediately. Watch closely those who we cannot expel.

No forget that, lets just let the JBTs urinate on the 4th amendment in the name of "safety and security" of course.

PRIVATE PROPERTY!

262 posted on 09/22/2005 6:27:34 PM PDT by Wurlitzer (I have the biggest organ in my town {;o))
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To: Lurker
"The Coast Guard has had that authority since the day it was founded my friend, and it's not like this authority hasn't been upheld by almost every court in the land for the last hundred years or so."

More than likely by one of th 5/4 decisions by our not supreme courts. The law needs to be changed and fast or lets just stop the bickering and remove the 4th amendment.

263 posted on 09/22/2005 6:30:48 PM PDT by Wurlitzer (I have the biggest organ in my town {;o))
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To: porkchops 4 mahound

hehehe... VW's indeed... VW's with three GE gas turbines putting out 20,000 HP to each of three shafts. :-)

[/interservice rivalry]


264 posted on 09/22/2005 6:35:52 PM PDT by Ramius (Blades for war fighters: http://freeper.the-hobbit-hole.net)
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To: Wurlitzer

So... I'll ask you... do people crossing the border get 4th amendment protection?


265 posted on 09/22/2005 6:39:09 PM PDT by Ramius (Blades for war fighters: http://freeper.the-hobbit-hole.net)
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To: GodBlessUSA

"In addition to trying to ensure the safety of boats on the bay during the holiday weekend, Warren said, the operation was part of an effort to increase the public's awareness of the Coast Guard's role as a law enforcement agency under the Department of Homeland Security. He said the public might have been surprised to see weaponry that is now standard issue to all Homeland Security forces."

I think that says it all. Furthermore if these guys had been terrorists the papers would've all been touting their arrests--no arrests were made. So I reiterate:

If you want to fight Islamic terrorists go to a FREAKING MOSQUE and leave decent American citizens alone.


266 posted on 09/22/2005 6:39:57 PM PDT by samm1148
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To: Wurlitzer

ummm the last time I read this (and I am sure it hasn't changed in the past 20 minutes), the boat owners CONSENTED to the search.

If they don't consent, they have a complaint. But they did so it is irrelevant. The Coasties have to go in with weapons drawn because DRUGGIES ARE ARMED the last time I checked.....


267 posted on 09/22/2005 6:41:30 PM PDT by MikefromOhio (Hey Fox News, MORE MOLLY, LESS Greta)
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To: MikeinIraq

Roger that. Coasties are *always* armed in boardings, and not necessarly just with sidearms. Usually there is at least one shotgun and one M-16, even for "softer" boardings like fisheries enforcement. . Always. And it has always been this way. Nothing new here.


268 posted on 09/22/2005 6:45:44 PM PDT by Ramius (Blades for war fighters: http://freeper.the-hobbit-hole.net)
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To: Ramius

yeah you don't want to take on an UZI or an AK-47 or whatever they are firing at you with an M-9.


269 posted on 09/22/2005 6:46:43 PM PDT by MikefromOhio (Hey Fox News, MORE MOLLY, LESS Greta)
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To: 68-69TonkinGulfYachtClub

Seems to me the Guard was looking for something on a tip and ran an op. Moss Harbor's not that far from SF Bay.


270 posted on 09/22/2005 7:02:03 PM PDT by BIGLOOK (I once opposed keelhauling but recently have come to my senses.)
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To: Ramius
"So... I'll ask you... do people crossing the border get 4th amendment protection?"

NO! Why should they? Once inside our border however, law abiding US Citizens should be protected. As is obvious on this thread we are not and have not been for a long time.

The phrases "for your safety or for your security" have been used by governments around the world to stick their ugly noses where they don't belong. And lets not forget the all time get out of jail free for violating the constitution: "for the children"

271 posted on 09/22/2005 7:11:45 PM PDT by Wurlitzer (I have the biggest organ in my town {;o))
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To: MikeinIraq

I carried a Colt 1911A1 .45ACP, loved it, and refused the "offer" to convert to a Beretta when that change came down. Never liked the 9mm for lots of reasons that I won't bother with here, except for this: Sure, with the Beretta you have 15 rounds... and you need every single damn one of them. :-)

But it is quite true that when the CG does a boarding, they do it with "overwhelming" force. The boarding party is large. They are always well-armed. If at sea there is a cutter there with Browning fifties ready and big deck artillery piece ready to go. There is also a small boat circling the boarded boat with at least an M-16 at the ready.

There is a reason for this. It shuts down any thought of fight from the boarded boat. There is no hope of fight, therefore there is no fight.

The Coast Guard almost NEVER has to fire a shot in anger. They go many many years between events where they actually have to shoot and kill somebody in a boarding. This even includes the boardings where the boat really DOES have some tons of cocaine on board. By the time the boarding party is on board, the crew is generally already on the fantail on their knees with fingers interlaced behind their heads. The fight is so OVER that there is no point in putting up some sort of last stand.

I fail to see the problem with this.


272 posted on 09/22/2005 7:12:39 PM PDT by Ramius (Blades for war fighters: http://freeper.the-hobbit-hole.net)
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To: Ramius
I think the coasties in this story are being unfairly painted and I'm rising to their defense. That's all.

Some people apparently have a problem with any kind of authority.

273 posted on 09/22/2005 7:14:00 PM PDT by The_Media_never_lie
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To: Wurlitzer

So... once inside the twelve mile limit... any boat nomatter how suspicious should be immune from boarding?

Some boat can make regular trips back and forth between Buenaventura Columbia, and Newport, California... and they should just be left alone, huh?


274 posted on 09/22/2005 7:20:09 PM PDT by Ramius (Blades for war fighters: http://freeper.the-hobbit-hole.net)
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To: Delta 21

Sweet!


275 posted on 09/22/2005 7:46:14 PM PDT by Hat-Trick (Do you trust a government that cannot trust you with guns?)
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To: 68-69TonkinGulfYachtClub
The MOST idiotic PING of the day!

You ain't just whistlin' Dixie! This is Moonbat Central. Has anyone tallied up how many liberals came out of the closet on this thread?

276 posted on 09/22/2005 7:47:26 PM PDT by BykrBayb (Impeach Judge Greer - In memory of Terri <strike>Schiavo</strike> Schindler - www.terrisfight.org)
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To: Delta 21

I flew back home this morning with the CO of MSD St. Louis and one of her YN's. It was great to talk again with someone on active duty. Came away knowing that our Country's most "Active" service is still in great hands.


277 posted on 09/22/2005 7:50:25 PM PDT by Hat-Trick (Do you trust a government that cannot trust you with guns?)
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To: Nov3
Yeah and maybe they can quarter some troops at your house!

Coasties are always welcome at my house. It's not like they have anything better to do! < /s >


278 posted on 09/22/2005 7:51:07 PM PDT by MarineBrat (When it rains, New Orleans makes its own gravy.)
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To: Tolerance Sucks Rocks

The ACLU doesn't give a crap about illegal searches. They are too busy making sure that no child is allowed to say prayers over their lunch at school.


279 posted on 09/22/2005 7:51:57 PM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: BykrBayb

LOL! Too many. ;)


280 posted on 09/22/2005 7:56:58 PM PDT by GodBlessUSA (US Troops, past, present and future, God Bless You and Thank You! Prayers said for our Heroes!)
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