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."
You are exaggerating and embellishing situations that didn't take place in this story.
You are exaggerating and embellishing situations that didn't take place in this story.
Yes. My point stands.
Seems the jackboots are out in all their goose-stepping glory...
Rights are measured by popular opinion?
I do not go by 2 complaints and make the conclusions you have. The Coast Guard has the right. I do not pretend to know, as you do, the entire circumstance and reasoning behind this boarding at the late hour.
Coast Guard didn't harass. The guy invited them in. As the person who complained said, he could not complain of their professionalism. I can't emphasize that enough. They were not mistreated in any way.
Soooo, the 2nd Amendment (as well as the 4th) doesn't apply to the CG...
Perhaps you should read post #152.
Its the same type of thing with Coast Guard officers in charge of LEDETs that are using naval vessels as platforms. It is not a violation of Posse Comatatus when a Coastie is in charge of the LE ops (even though he is military, his main mission is law enforcement) when he is riding on a Navy Frigate or destroyer sailing hundreds of miles out to sea enforcing U.S. Laws and Treaties. Its the Coast Guard doing the boarding, NOT the Navy.
This very rerason is why you will find Coasties working hand in hand with almoast every department of the Federal Govt. When it comes to the long arm of the law at sea, the Coast Guards jurisdiction is unmatched.
Knowing that LE is the afterthought and every present job of evry Coastie out there, after driving the small boat, maintaining the engineering plant, sopping up the bilges, finishing up one of several mounds of paperwork on the last SAR case, and whipping the Auxiliarist at ping pong on the rec deck, I can assure you the jack-booted thug mentality was in the boaters mind only. They wouldnt have been there at 2330 withjout a damn good reason. Coasties dont have situation rooms where we sit around and plan daring night raids on unsuspecting civilians for the fun of it. No, they didnt have to tell the boater why they were boarding, just that he was being boarded.
Even most folks I boarded didnt realize the big difference between standing on terra firms and standing on a floating platform, registered (or not) in a navigable water of the United States. (even when tied to the pier).
The Coast Guards enforcement powers were designed, and rightly so, long ago and are exactly as they should be. The boarding officer has the right to look in every space on the vessel that could hold a person, and to have all the firearms on board accounted for....and yes the semi auto's are going to get a function check to insure they are semi-auto, all the weapons will be called in and checked if they are stolen, as well as the id's of everyone on board.
These are the rules you have to follow folks. Just as you make yourself aware of your rights and obligations to drive a car and what to expect when you are puilled over for speeding, If you have a boat in U.S. waters, you better know your rights and responsibilities that go along with it.
Hey Tonk, that ping pong jab was meant for you!
"Did you read all of my original post about Operation Able Danger?
Yes. My point stands."
If it's ok with you that Klintoon didn't stop Atta et al on 9/11, then I guess we have nothing further to discuss.
Yeah, after I posted, I was thinking, the CG guys here may have had info that we don't know about that justified that after dark boarding.
All my contacts with USCG have been positive, and go back quite a few years. I used to go to sea professionally, so have had to come in contact with them if only for the purpose of acquiring proper licensing, which is also in their bailiwick.
My first inclination, based on experience, is to give the Coasties, not the other guys, the benefit of the doubt. There is a definite "brotherhood" among sailors, I have always considered the Coasties to be senior members of it.
As to the whether they should have the powers they do RE boarding, that's another issue. Guess I'm going to read through the thread and see what opinions might be offered. The first 100 posts did reveal lots of ignorance.
If the Founding Fathers could see us now.
"To me it reeks of Nazi Germany and the death squads in Argentina," he said. "I don't want my name on their list."
Why not? If you haven't done anything wrong...not to worry.
You underestimate the professionalism of these young men. They are trained day in and day out. Even the most seasoned veteran can make a mistake. The gear is for protection and enforcement. The PFD is for the safety of both of you.
These men and women do work in order for you the boater to be safe and live through an emergency. If you spent some time with the organization you would understand. I bet your opinion would be a little different towards these sailors if you found your self in the water miles from land.
I know you would because I rescued my fair share of boaters who thought they knew everything right up until their nostrils were level with the water. As a former coastie I take offense to your remarks as well as others on this topic.
Good observation, in fact that is true for a lot of posters on this and a lot of other threads; their ideology is deference to authority.
The Coast Guard authority was given them back when rum, sugar, & slaves were the enemy. Its one of the few things that hasnt been convoluted since then. One this single issue, I hope they would still be proud. It works just as good today as it did at its inception.
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