Pulled Over By FWC Officers on the Miami River (Full Story) | BOAT ZONE
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- Опубліковано 15 вер 2024
- Florida Statute 379.334 gives the FWC Officers the authority to board any vessel boat or vehicle or to enter any fish house or warehouse or other building.
However, if the officer stops the boat and boards the boat for the purpose of conducting a safety inspection, the protections of the Fourth Amendment are often triggered. The U.S. Constitution protects people from unreasonable searches and seizures by the government through the Fourth Amendment, which provides that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated….”.
An officer is authorized to board a vessel with the consent or when the officer has probable cause or knowledge to believe that a violation of the Florida Vessel Safety Law is occurring.
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While the Fourth Amendment may protect the citizen, law abiding or not, from the threat of an “unwarranted” search, that protection ceases once the citizen is on a vessel. FWC officers has sweeping authority to board any boat. Unlawful or Lawful in your opinion?
@@peterp6775. Apparently it is lawful because law enforcement or say the coast guard can board without permission even on the west coast. What is funny they have to ask permission to come onboard but that is just technicality, meaning you can't deny them even if you say "no" when they ask permission.
@@peterp6775 the boat was in a no wake zone. It was going too fast. Ergo probable cause. Just like on a highway.
@@elcajondavid1 coast guard has higher authority because they are apart of national defense and granted they are in Miami which is a gateway for drugs
@@elcajondavid1 You absolutely tell them no, you do not give their consent to board.. let them do it without your consent.. then you have something if it ever goes to court.. or having grounds to sue for violation of rights.. if they ever find something, well they searched without a warrant and without your consent.. hence whatever they find will not be admissible in the court.. wake up, exercise your rights..
@@LivelysReport While the Fourth Amendment may protect the citizen, law abiding or not, from the threat of an “unwarranted” search, that protection ceases once the citizen is on a vessel. The Coast Guard has sweeping authority to board any vessel (subject to the jurisdiction of the United States) at any time, any place. It does not require a warrant. It does not require probable cause. Boardings need not be based on a suspicion that a violation already exists aboard the vessel. Their purpose is to prevent violations and the courts have upheld this authority. Also, the Coast Guard has full legal law enforcement power on any land under the control of the United States, as needed to complete any mission. 14 USC 89 has its roots in the Revenue Service Act of 1790 which provided “all collectors, naval officers, surveyors, inspectors and the officers of the revenue cutters . . . to go on board ships in any part of the United States . . . for the purposes of demanding manifests . . . examining and searching the said ships, and the officers shall have free access to the cabin and every other part of the vessel . . .” This statute was passed by the first Congress, the same Congress that enacted the Bill of Rights, including the Fourth Amendment with its guarantees for citizens to be secure against unreasonable searches and seizures. By enacting the Revenue Service Act, the first Congress showed unequivocally that the Coast Guard’s significant law enforcement authorities to board and search a U.S. flag vessel anywhere in the world, as well as vessels intending to call on U.S. ports, were consistent with the Fourth Amendment. U.S. Courts over the last 200 years have consistently validated the right of the Coast Guard to board and inspect vessels, probable cause or not.
The FWC is not the CG. However, they have greater power than mere land officers. www.uslawshield.com/fwc-officers-florida-need-know
As many others have commented. No registration markings, this automatically allowed the FWC to stop and question. Similar analogy is a car driving down the road with no license plates. In the video, You see the one FWC cop board the vessel and take a picture of the HIN - then left the private boat. Subsequently the FWC looks to have conducted a safety check and based on the video - the citizen did not look to have any on hand. The FWC then looked to ask the citizen to open certain compartments and observed from the FWC vessel. Based on the transom water line markings, the vessel has been in the water for a period of time. The private boater somewhat opened the door to the stop by having no visible registration markings.
I don't see his boat tag registration ID, that's why they boarded his boat and check for compliance. You got to pay to play in the water.
he was stopped for not having any registration numbers on his hull.
That's his problem.
Thank you Captain Kirk! 👍
When you buy a boat in Florida, you have 10 days to get the numbers on the boat. You better have paperwork with you to prove it.
@@chuckcurtin Actually 30 days. Waiting on mine now.
If the boat is 5 net tons or larger it can be documented with the CG and no numbers will be issued by the state.
Doc numbers permanetly fixed on a secure part of the boat; engine room beam, i.e.
IMy friends and I were stopped once while out on the water by a cop that was on land. I was going a little fast through a no wake zone, and the cop blew a whistle and got my attention and called me over. He asked where I got the boat from which I told him I had rented it from the nearby boat rental place. He was very nice and just told me to slow down a bit, then told us of a few spots we might want to check out while out on the water, which was awesome.
Regular cops do not have it any jurisdiction on the water anywhere in the United States has to be an FWC officer a regular cop can't even ask you for a fishing license.
Why is it that a lot of the comments are criticizing the FWC. I would bet that the people criticizing are the ones who are breaking the laws. You can see they have no numbers or sticker on the boat and they where going fast, the FWC that have stopped me for normal check have been very professional.
I do not come from the U.S.A so your laws and civil amendments rights are not known by me in person
BUT always a BUT if you need the FWC I think your glad there are there for you went you got your boat stolen
@@59patrickw The FWC protect all fish and wildlife resources and they have full police power statewide. Mostly they enforce fish and wildlife regulations but they will stop and check watercraft if they see something is wrong. Without the FWC fish stocks would suffer more than they already do, people would keep everything they catch regardless of amount or size.
@@tpino4867 Thank you for your time and the repy
Not necessarily true the FWC oversteps boundaries quite too often and every state in our country they should have to live up to the same standards as any other officer hired by any state which means illegal search and seizures should not be able to happen I believe they must have probable cause just like any cop when they pull you over that's why we have a constitution in our country.
@@tpino4867 you are incorrect only in Florida do they have the same freedoms as a regular cop and can stop anywhere in the state, any other state if you're not fishing or hunting they cant even pull you over. Florida is the only state in our entire country that allows FWC to do whatever they want.
Didn't see any registration numbers anywhere.
You ask for opinions. FWC are responsible for enforcement boating registration. Since this boat did not display one this was the reason for the stop. Boarding a vessel was the only way the verify serial numbers. Enforcement of Fish and Wildlife laws. The only way to do this is to board the vessel and look. It may look like a cush job but can assure you it's not as fun as it looks.
Boats don’t have “serial numbers” they have hull identification numbers aka HIN number.
@@cradz4979 What ever....eye roll... Look at 2:21 and give me your best guess of what he is taking a pic of. HIN sometimes referred to as the serial number. That is why he boarded the boat.
I missed the part about registration stickers, but if that is in a No Wake area, he was going way to fast. No Wake is engine in gear at idle or just fast enough to make headway if there is a current. No faster. You don't want to get a visit from LEO? Don't do dumb things.
you should see them down here in south florida. at first I was convinced they're either jerks that don't care or too stupid to know the rules. I really believe some of them, especially the larger boats think write me a ticket I have so much money I could care less... and I end up feeling like a fool for being the only one following the rules
It looks to me like he was going too fast in that area. That was enough to warrant the stop and subsequent safety inspection.
In which case there are boaters going too fast there everyday.
@@1colinb I'm sure. There were as this was happening as well. Impossible to stop them all. You can see the officers signaling to several other boaters to slow down, its a no wake zone. Besides the speed, someone else pointed out he had no visible reg numbers.
The captain of the boat - while pulled over acted the way everyone should - Do not get mad at the officers as they are just doing their job. The captain took what ever fine he got in stride. Like anyone else - I think he did not have a registration on his boat. My friend and I were out on the Intercoastal waterway near Jacksonville and we got pulled over in his new boat. He had the bill of sale and all corresponding paperwork - we went through a safety check and we were let go without any problems.
Stop calling these dirt bags officers - boot licker.
Completely lawful, and if you aren't doing anything wrong, no reason to be concerned or upset. I don't see any registration on that boat. That's probable cause in itself.
And that is the typical lame excuse by a liberal and wrong
His girl looks so annoyed. And he didn't know where half his required safety gear is located. When I go boating I go out to enjoy being out. Why speed like an idiot?
She has no clue what is going on
Just sitting there looking away , being annoyed like you mentioned
And on her phone
Love the evening footage!
They can board my boat anytime they want, if for a safety ck, drug ck, drunk ck, go for it, there is a lot of criminal activity in S Florida, stolen boats, motors, gear, etc. Gr8 job FWC keep up the presents!!
It’s spelled presence, I doubt they gave anyone any gifts….
You may not have anything illegal , but you dont mind people you dont know trying to find a reason to put you in jail by going through all your personal things, your wifes/ gf stuff, and not putting things back like you had it? They could find a little stash of coke one of your guest stuffed just before you said come aboard, and hear... Is this yours? It happens. They are not there to help you.
@@kirbylee57 If you don't associate with drug people you then have nothing to hide, FWC guys that I have come across acted very professional in my opinion, but yes if you hang with drug users, their dirty deeds could in fact put you in jeopardy, but I choose my friends wisely & don't tolerate drugs or undersized or oversized fish on my vessel, as I stated in my earlier comment, South Florida has a lot of shady actors etc. W/O FWC or other LEO outfits, it would be quite dangerous in the Crimeshine State, so when FWC or the Sheriffs, or CG wants to board my boat they are welcome to come aboard.
@@kenb.8596 You really never know who likes a buzz sometimes. Quite often police themselves enjoy it. Some do a little stealing when they get a chance to go through someones things, and some love it. You're probably safe being so careful. I just dont like strangers rifling through my personal things even if its policeman.
I said earlier , they are not there to help you, just cause you serious long term trouble. To welcome them in to search is like bending over, but sometimes it helps to be polite to police, just not too polite. I do have some personal and private things that I want to keep that way.
@@kirbylee57 Can you help us by identifying specifically those officers that “do a little stealing . . .” when searching? Would be appreciated so we can weed them out.
Same for Coast Guard. They can stop and board any US flagged vessel ... in the world. Even in international waters. They don't need a warrant or reason. With the permission of the host country US Coast Guard can even do the same for non-US flagged vessels.
If a non-US flagged vessel is operation in US Territorial waters, then the Coast Guard can board them without permission of the host country. (If you make the decision to enter territorial waters, you make the decision to give up this protection)
I may be mistaken, but I think this also goes for Exclusive Economic Zones (EEZs). I know it goes for any vessel engaged in agriculture in the EEZ, but I think it also goes for any vessel transiting EEZs (I could be wrong on the only transiting part, I'm not an expert here)
There is an interesting memo from a few years back (1997), that addressed the ability of the Coast Guard to board foreign flagged vessels on the high seas without permission of the host country if the vessel is suspected of violation certain laws. (I imagine piracy and drug smuggling are included)
Edit: I looked up the date of that memo.
Drove semi 30+years, have had DOT climb all over, under, around thru truck and trailer, question every line of paperwork. Welcome to the real world!
@@malekodesouza7255 It's called governmental greed and has nothing to do with safety, laws are interpreted by each officer at there discretion.. I suggest you seek help for your kiwi addiction..
This was more about sending a message to other boaters than anything else !
@Flow Rob even though florida is a red state huh? Always that one guy who will interject his political views into any subject smh
@Flow Rob Not sure what this has to either political party. The guy had no Reg numbers which is asking to get boarded.
Dang, I watched the whole episode and never realized that. What was the clue?
When we boat in TN, Coast Guard (Corps of Engineers if it’s one of their lakes) check for life vest on kids, spare life vests, emergency toss float, fire extinguisher, over loading, boat registration.
I used to get stopped on Lake Mead often. Coincidentally, when I had 6 or 8 showgirls from the Tropicana aboard. In various stages of dress. I got on a first name basis wit most of the CG people. And got 3 awards for being 100% correct in my boat requirements.
Speeding seems to be an issue along this river. There also seems to be a lack of safety vests and safe sailing pratices with people standing on the bow while in motion.
Here in Europe, no-one sits or stands on the front (bow) of a vessel while underway. Remember that your steering comes from the back (stern) of the vessel and if the weight is all on the bow, your steering is thus compromised...
I’ll add to that from David. Here in England people don’t want to get soaked and mostly wear life jackets. If you don’t, other people can give you shitty looks. Plus the responsibility for your passengers is taken seriously. I’m not saying it isn’t in the States, but when you see people going through Haulover Inlet with a bow full of non-lifejacket wearing partygoers it makes you wonder what the fuck is going on in the skipper’s head... not much probably.
I just wish Merc could make an outdrive that didn’t make such a horrific “clunk” when going in gear.
That's not the Mercs that's the Yamaha
@@jclinton5 I own a Yamaha and yes it makes the same clunking noise when the clutch dogs engage. I was referring to the FWC captain going in/out of gear with his twin 350s. Yamaha was in neutral the whole time.
It has to do with how you take it in and out of gear to. Not too slow or fast. Sweet spot
@@georgeadcock2347 Marine tech here with 30 years experience. When you hang a huge SST prop on the prop shaft, all that MASS has to start spinning. The clutch dogs, by design, make that noise no matter if it’s Merc or Yami. Shifting gingerly just makes more metal.
@@stevemagnuson7051
Yup. But those yamahas are the biggest clunkers (IMHO)
You can tell what outboard it is without even looking
the officer took a picture of make and model and got off the boat and told the guy to dig all the saftey items out he produced none and no registration here is your 500 dollar fine and get the boat out of the water have a good day sir lol
And proof of gear , registration
I wonder if they would stop a million dollar boat that I see violating all kinds of boating safety regs. Not saying the officers were wrong but many thing I see there boaters would not get away with in other parts of Florida. Am I wrong?
true that. sometimes I want to hail them on channel 16 and call them out. I'm pretty sure they have professional captains on them too. they must think write me the biggest ticket you can, I don't care I just want to keep moving.
@@DC-si8xw I definitely agree.. What's a few hundred bucks when you have millions...lol The Marine Patrol in Panama city would not let it happen. I'm really surprised that Miami would.. Thanks for your comment.
But why him? There are plenty of boats exceeding the no wake speed limit, and not prominently displaying their registration numbers... There must be some other reason.
Try boating in Puget Sound. The Coast Guard uses boaters to practice hostile boarding methods. No one needs heavily armed coasties strip searching your boat while you and your friends are forced to stand in the back of the boat watched by an armed guard. Myself and several friends of mine have given up salt water boating because we got tired of 1/2 hour searches. Its really frustrating after spending a half hour being searched and only making it another couple miles before another boat load of coasties does it to you again.
If it is brand new, it might be registered. It takes a couple weeks to get your number. However, the boat dealer gives you a letter of registration also on bill of sale it will show your paid I think you have 30 days to put the numbers on your vessel without a ticket
Cannot be brand new, see the water mark at the stern
No boat reg sticker or HIN # on the side
Great video guys although the trafic stop was a bit long. Loved it though.. thanks.
Honest feedback…thanks 👍🏻
Most all State Wildlife Resources officers have very broad powers. Understand the rules before you put your craft into the water. Be compliant
Florida Statute 379.334 does not superseded the constitution..
@@Slonge92 You really need to seek help for that Kiwi addiction..
Any time of day and everybody is on their damn phones.
That is what you call a decoy. Them FWC boys just been suckered.
I think it fine. Protect and serve, earn your pay, but you better send the criminals to jail. These guys seem cool...
At one point it looked like he was close to being on the step. He did slow down, but maybe too little too late?
I think it sucks. Why did they pull this boat over? Maybe get a better look at the female? Male? Lived in Panama City, Fl and boated for three years and volunteered with the sheriffs dive team. Unless someone is messing with Flipper, they just need to move on.
It was nice seeing some night lighting on those yachts. Nice ambiance for the affluent crew/passengers.
Affluent ambient WHAT TF ? 🤣🤣🤣😭😭😭
@@jimmycline4778 ambiance - the atmosphere of an environment. You made me think I had misused the word. Personally just like the word. Have a good one!
Those lights can make it difficult to see their navigation lights. This can be dangerous for other boaters trying to anticipate what their course and intentions might be. Especially hazardous at sea.
@@diverdannavyvet9672 They are not allowed to be visible when the boat is underway,
Should only display the red and green side lights and the all around white light.
@@railroad9000
Unfortunately that is totally ignored and unenforced.
I think it is great that we have law enforcement on the water!
Was out boating, when rcmp showed up lights a blazing, I had reg numbers on boat, life jackets and all safely equipment, my daughter had her hands on the gunnels, their boat bumped into mine almost crushing her fingers, I told them to watch it, one cop says “ oh you don’t have a fire extinguisher” I replied with this length of vessel, I’m not required too, and you should know that. Just a couple of bullies!
The officers are doing thier job.If you get stopped, answer all questions, provide all docs, and any equipment they req to see! Be respectful and you will be on your way in 5 minutes...
It is pretty sad that the owner didn't know where all his safety gear was
It's her husband's boat ,how could he know?
Great content Boat Zone love ur channel, keep it up! Greetings from the Netherlands!
Thx for watching
She is so Dignified...
Inconvenienced
Southern border wide open, thousands of unknown people flooding into the country daily and soon to be placed on public assistance while we ticket a guy and his lady friend out for a day on the water. 👍🏻
maybe they were checking to see if their boat was seaworthy to haul illegals
Look at me everybody... see me... I'm waving... I'm dancing... I'm taking selfies... I'll never be on a boat like this again after I turn 25.
All these boats cruising through blaring rap or hip hop, etc. I would be the 60 foot Hatteras cruising through blasting 80s Metal and Classic Rock through a huge stereo system. Mostly so I don’t hear the other music that I don’t dislike, just don’t prefer. Even better yet, spend a few grand and have a decent band just play on the fly deck of the yacht!! Be tacky and kinda cool at the same time!
Ok I don’t have a Hatteras, but do have a 52 foot Grand Banks Europa.
Seems like a colossal waste of police time to me. If that's the best they can do is cite the guy for no registration numbers on his boat and a little bit of a wake that's the least of the problems I've seen on these sites. I think they stopped them because he had the lady on board they wanted to impress her. You know, they got to make their quota show the captain they did something besides donuts or maybe in this case fried shrimp. Maybe they ought to go over the haulover and get some of those 18 ft bowriders headed out to the ocean with kids in the front bow with no life preservers on.
Dude’s girl would’ve jumped into another boat if offered, she really wanted to be the hell outta there no matter what‼️
My opinion is I have no idea what FWC saw that resulted in pulling them over. Likely more to this than we know.
No numbers on the hull...kinda like no plates on a car. And he was moving pretty quick through the no wake zone. He made it pretty easy for the FWC officers!
As a former USCG Boarding Officer, these vessel stops are not "searches". They are by law stated as "inspections"
Sorry, I hit send prematurely. So, since they are inspections to ensure compliance with all applicable local, state, and federal laws, regs, ordinances etc, no search warrants are required. I noted that when the officer went aboard this boat, the only thing he looked at was to verify the Hull Identification Number (HIN). This number is molded or otherwise permanently affixed on the starboard most aft stern transom area. This is exactly where the officer looked. Soooooo, long story short and lacking any other info, I suggest this stop & boarding could be a vessel ID/OWNERSHIP check. It appeared the operator may have been trying to look for some paperwork? If my comments helped just one boater better understand searches vs inspections then it's good.
Looks like those water cops got a pretty coush job
Dismally low pay.
@@diverdannavyvet9672 how much money for the 700hp boat ?
@@leepatton1180
Probably funded by confiscated drug money.
Police have a job to do. Cooperate, be civil, and things will go faster and easier. If you don’t like what the police are doing, ask the politicians to enact fewer laws.
NIGHT TIME BONUS VIDS YOUR KILLING IT AWESOME!!!!!
New Vid with night shots : ua-cam.com/video/qvTA4DRyM3U/v-deo.html
Now THAT was a "Fishing Expedition"
Yeah.....no registration on the hull, wake in a no wake, no idea why they stopped him....
@@TterribleTexasTJ You like living in a police state dont you?
No reg numbers, no sticker, no markings of any kind. I think the officers had every right to board and check the HIN number and he was the rightful owner. They didn't search everything or harass the guy, seemed a perfectly legit stop to me.
Officers doing their job...Everyone has this they are picking on me attitude when they get stopped..they don't know if this boat is stolen and they have to check somehow..There was a time when people would answer any questions an officer would ask...now its like people believe they are being harassed and don't have to co-operate. This boat captain is acting the way everyone should
This FWC Law Enforcement Should Checking All Those Boats With People Going Out Boating With No Life Jackets All They Are Doing Is Really Dumb.
They are investigating the Hull ID number report of a stolen boat/ missing that matched the description , no registration numbers present . Ticket was for wake in no wake zone and no life jackets on vessel amd non registered vessel.
I'm not telling anyone I'm a attorney....Lawful...learn it...live it...enjoy life...later
Trying to impress the lady on a hot boat!!
The officers wanted to check out the girl.
The boater got stopped for creating wake in a no wake zone!! his boat speed was a bit excessive. 😅 😂 🤣
My boat steers like driftwood when on low power but I suppose rules are rules and they must apply to everyone.
Bummer.
I'm the smart-ass that would say ok you checked all my shit now let's check yours.
Yeah we all know that but that's what my smart-ass would say.
great video... !!!
Good heavens! It looks like a lot of small boat skippers are violating the wake-less zone speed limits. Years ago, I worked in marine patrol as a US Park Ranger so I know what marine enforcement entails. They are out doing their jobs by keeping our waterways a whole lot safer too. It looks like this skipper did not have the proper documentation, or safety equipment onboard because motor vessel stops don’t usually take this long. I see that he gets a citation towards the end. Yet, I’m very surprised that he didn’t get his voyage terminated!
Blue Boater Dude was a Dummy....
They would be pulling most of the boats going through if they where to pull everyone that’s breaking the law we constantly see overloaded and unsafe boats and boaters!
you think they have enough life jackets on those ocerloaded boats?
Lawfully stopped. Speeding and throwing a huge wake. He is obviously ignorant
Young boy with a badge.
Board the boat! It is the legal way in most states. If you reside in the boat full time though, it might be a different situation.
What are those two boats at 16:45 and 16:56? Both sure look good.
Didn’t see registration numbers on that boat
Can USCG pull over FWC for a safety check be fun to see
Yes they can lol
Police boat is a beast❤
Registration numbers are required to be clearly shown. I don't see an issue here. FWC officer got on board to take a pic of the HIN and probably ran it to make sure it wasn't stolen. Regardless of how fast he was going, he was going to pulled over anyway.
Shakedown
Why do you think the cop was taking a cell phone photo of the transom at 2:20?
Nightmare Balsero with a boat 😲
Take no notice of the Law and you will get it, even if you don't agree with it,no win situation.
In Canada you only need life jackets with you. You don't have to be wearing it.
6 people on a boat you need 6 life jackets.
Anchor, tow rope(floating) whistle or horn.
Lights if boating at night!
At least he didn't raise the motor up and flood the FWC boat out.
FWC can definitely board your boat if you have fishing equipment or they saw you attempting to take some form of Wildlife like a fish or a plant like seaweed from the Waters of their state. They may also search every cabinet in your boat that could hold a fish.
I this is a no-wake zone 90% of the boats are going too fast,
They’re just tax collectors with a boat!
SUGGESTION TO ALL FLAW ENFORCEMENT: STOP SAYING "OK". IT'S NOT!
I honestly think they shouldn't be any different than any other cop without reasonable cause you should not be able to pull anyone over
No boat registration , The officer walked to the stern to check vin number
i say 10% safty and regulations 90% revenue
I know cops have a job but yes I agree 10% 90% all about money boats,cars,airplanes, everything hunting taxes.
Safety
Isn't this the couple fighting on another video ?
The Fish police, more power than the fbi.
Don't mess with the FWC. They will take your shit if they want too
No numbers or Registration…. Off course you’re going to get checked. Looks like a nice Intrepid though!
Just another form of harassment
I'm old. IMO FWC should stick to F&W, not traffic enforcement.
no registration numbers on the bow, of course he got stopped
I wanna know who has jurisdiction on the Miami river?
A- Miami marine police
B- U.S. Coast guard
C- F.W.C.
D- Miami-Dade county police
E. Any marina law enforcement passing by(example: Miami beach, Indian Creek, U.S. customs etc)
Good question
FWC has jurisdiction in the whole state of Florida and they also have the power to enforce federal laws and regulations so for sure FWC has jurisdiction on the Miami river.
Police dogs wanted to check out buddies honey
Same with any LEO traffic stop....I hope they had reasonable suspicion, Maybe a similar Boat was reported Stolen???? Not wearing PFD ????
yea so, not having numbers on your boat will get you every time.
He was stopped because there are no registration numbers on that boat.