OT: The Coast Guard are after *you*

From an investment newsletter: A warning. If you have no interest in civil liberties, constitutional law, or the unmitigated growth of federal power... don't read the next several paragraphs.

About six weeks ago, I purchased a 35-foot fishing boat ? an Everglades

35CC. I store the boat on a dock behind my house in Miami, where it is properly registered with the state of Florida. It takes me about 30 minutes to reach the ocean through canals maintained by the city of Miami. I've been out ocean fishing three times since I got the boat. On two of those three occasions, I've been threatened, detained, searched, and/or boarded by agents of the federal government without any probable cause of wrongdoing... or even any reasonable suspicion.

These actions were taken against me and my guests with considerable force: The stops involved high-speed boats, helicopters, large caliber automatic weapons, and black-booted officers decked out in SWAT-team like apparel. In the second instance, my boat was boarded and searched. IDs were taken from all eight passengers. We were ordered to stay on the far side of the boat ? in the sun ? for nearly two hours and treated like suspected drug smugglers while two Coast Guard officers searched every compartment of my boat ? including the small tackle box drawers and our personal belongings.

They called the boarding a "safety inspection." And let me tell you... it is scary when heavily armed men are telling you not to make any sudden movements, to get on the far side of the boat. Their hands are sitting on top of their holsters... and you are 30 miles out at sea.

A safety inspection is supposed to consist of checking life jackets, fire extinguishers, the structural integrity of the boat, the registration, and a few other minor documents, like an oil discharge placard. How could doing this require two hours? Why would doing this require a stop 30 miles out to sea, involving a helicopter, a Coast Guard cutter, and a four-man boarding party? What's reasonable about a "safety" inspection that features black-soled boots marking up nearly every topside surface of a white, brand-new fiberglass boat? Why should our driver licenses have been taken from us? You might recall the Fourth Amendment of the U.S. Constitution forbids unreasonable searches and seizures:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Obviously, boats are not specifically named as a protected class of property... but papers and effects seem to be protected. And there's plenty of case law that has extended Fourth Amendment protections ? to some degree ? to places other than your home. For example, you can't be pulled over on the highway without some probable cause or some traffic violation. But... we had done nothing wrong. We received no citations whatsoever. We were in a brand new boat, running at 40 knots... clearly, there was no problem with the safety of our vessel.

So the question I had when I was eventually able to return home, after dark, following our two-hour "safety inspection" was: How in the hell do these guys get away with these actions?

Well, it turns out the Coast Guard and other customs agents have more power to search and seize than any other kind of law enforcement. The reason why dates back to 1790, when the Coast Guard was part of the Treasury Department. Back then, the inspections had nothing to do with safety ? they were revenue cutters. The Coast Guard was looking for smugglers because, at the time, the main sources of revenue for the federal government were tariffs. Congress passed a law that would seem to violate the Fourth Amendment directly because it had to ensure its ability to collect tariffs:

That it shall be lawful for all collectors, naval officers, surveyors, inspectors, and the officers of the revenue cutters herein after mentioned, to go on board of ships or vessels in any part of the United States, or within four leagues of the coast thereof, if bound to the United States, whether in or out of their respective districts, for the purposes of demanding the manifests aforesaid, and of examining and searching the said ships or vessels...

Here's the fascinating part... The Coast Guard's role as revenue cutters was abandoned in 1915 with the advent of income taxes. The Coast Guard finally left the Department of the Treasury in 1967. It is now a part of the Department of Homeland Security. And yet, despite the obvious and well-documented changes in the role of the Coast Guard and the nature of its mission, the Supreme Court continues to deny U.S. citizens their Fourth Amendment rights, out of deference to the Coast Guard's former unique duties (see United States v. Villamonte-Marquez,

1983).

The government, which wouldn't ordinarily be able to stop, search, and seize any American-flagged vessel anywhere in the world at any time, is now empowered to do so simply because, 100 years ago, this power was necessary for tax revenues. So guess who is now routinely assigned to duty aboard Coast Guard cutters? DEA agents.

And yet... the Supreme Court continues to pretend these random searches are merely for "safety inspections." It is yet another case of the Constitution simply being ignored.

Now... you might say, so what? We like the Coast Guard catching drug smugglers. OK, fine. Just change the Constitution. There is a legal process for doing so. But you're fooling yourself if you think the Coast Guard is actually doing any good. The price of drugs has been falling ever since the "War on Drugs" was announced. We keep spending more money trying to stop drug smuggling... but what actually happens out there?

The Coast Guard has been turned into a weapon against the citizens of the United States. What's the Coast Guard actually doing? Why would they inspect a brand new boat? A boat that's obviously not involved in any large-scale drug smuggling and is loaded up with expensive fishing equipment and top-of-line Yamaha engines? Here's a possibility: If they find a single joint, they can seize the boat.

What's happened to the job of actually defending and protecting the people of the United States? In January 1984, just as the Coast Guard's new role as the top drug hound was being expanded, it began refusing ALL requests to help stranded boaters. Taxpayers fund the Coast Guard... which now refuses to help boaters in trouble and instead preys on boat owners at every possible opportunity. Maybe we shouldn't just ignore the Constitution.

Reply to
Robert Baer
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When I asked about Constitutional Rights in a Family Court, the Judge said "That's for ANOTHER COURT." The LIBERTY INTERESTS of citizens are inconvenient for government.

Reply to
Greegor

[snipped]

Sure it's tagged OT but this really is alfoil hat / need to get back on the meds paranoia crud isnt it?

Reply to
Nik Rim

On a sunny day (Wed, 21 Oct 2009 23:45:54 -0700) it happened Robert Baer wrote in :

Would it not be possible to inform the coast guard that you are going out far to sea, so they know who you are and what you are doing? Radio? Else write your politician, not here.

I probably would get arrested, 'Do you carry any drugs? What, you ran out?' But then I would not dream of visiting paranoia Bushland in the state it is now.

Reply to
Jan Panteltje

Who knows what you might be doing to your own body with various plants and chemicals if they were not there to protect you from yourself.

--
Dirk

http://www.transcendence.me.uk/ - Transcendence UK
http://www.theconsensus.org/ - A UK political party
http://www.blogtalkradio.com/onetribe - Occult Talk Show
Reply to
Dirk Bruere at NeoPax

You also have to wonder why a paranoid right wing halfwit with insufficient funds for a decent internet connection is reading and possibly even paying for investment newsletters of such obviously dubious quality. I guess the reason he is so cash strapped was following their advice.

It is funny really. The righttards wanted a draconian war on drugs but they are also the first to whinge when they are inconvenienced by the mad results of the zero tolerance regime that they said they wanted.

Regards, Martin Brown

Reply to
Martin Brown

Translation: If you're not a raving wingnut, do not read the following while drinking coffee unless your keyboard and screen are rated at least NEMA 4 or IP65.

[fiction snipped in the name of sanity]

Total. And. Complete. Bullshit. As is well known by even the least aware resident of the coast.

--
Rich Webb     Norfolk, VA
Reply to
Rich Webb

No we shouldn't. But we do. Read Amendment 10 and then look at the action of federal governemt. Almost all of them are unconstitutional.

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... It must be said, that like the breaking of a great dam, the American decent into Marxism is happening with breath taking speed, against the back drop of a passive, hapless sheeple, excuse me dear reader, I meant people. ... The final collapse has come with the election of Barack Obama. His speed in the past three months has been truly impressive. His spending and money printing has been a record setting, not just in America's short history but in the world. If this keeps up for more then another year, and there is no sign that it will not, America at best will resemble the Wiemar Republic and at worst Zimbabwe.

These past two weeks have been the most breath taking of all. First came the announcement of a planned redesign of the American Byzantine tax system, by the very thieves who used it to bankroll their thefts, loses and swindles of hundreds of billions of dollars. These make our Russian oligarchs look little more then ordinary street thugs, in comparison. Yes, the Americans have beat our own thieves in the shear volumes. Should we congratulate them?

These men, of course, are not an elected panel but made up of appointees picked from the very financial oligarchs and their henchmen who are now gorging themselves on trillions of American dollars, in one bailout after another. They are also usurping the rights, duties and powers of the American congress (parliament). Again, congress has put up little more then a whimper to their masters.

Then came Barack Obama's command that GM's (General Motor) president step down from leadership of his company. That is correct, dear reader, in the land of "pure" free markets, the American president now has the power, the self given power, to fire CEOs and we can assume other employees of private companies, at will. Come hither, go dither, the centurion commands his minions. ... =====

--
Andrew
Reply to
Andrew

Poor baby was probably doing 35 knots through a no wake or manatee zone in the ICC on his way to the ocean.

He attracted the attention of these folks for a reason:

Helicopter Interdiction Tactical Squadron

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They are busy, and at 700$ a hour plus crew costs for that helo........

They must have a reason for looking at him. Then he gave them a reason for more looking.

I hope there is a good excuse, like his neighbor is the biggest drug dealer in South Florida or such....

But I bet it was a lack of courtesy.

Steve

Reply to
osr

And this is without GM asking for any govt bailout?

--
Dirk

http://www.transcendence.me.uk/ - Transcendence UK
http://www.theconsensus.org/ - A UK political party
http://www.blogtalkradio.com/onetribe - Occult Talk Show
Reply to
Dirk Bruere at NeoPax

Irrelevant.

This action is clearly unconstitutional.

-- Andrew

Reply to
Andrew

Yep. NEVER argue with a cop. ...Jim Thompson

--
| James E.Thompson, CTO                            |    mens     |
| Analog Innovations, Inc.                         |     et      |
| Analog/Mixed-Signal ASIC\'s and Discrete Systems  |    manus    |
| Phoenix, Arizona  85048    Skype: Contacts Only  |             |
| Voice:(480)460-2350  Fax: Available upon request |  Brass Rat  |
| E-mail Icon at http://www.analog-innovations.com |    1962     |
             
Cranky Old Git With Engineering Mind Faster Than a Speeding Prissy
Reply to
Jim Thompson

Not at all. If GM does not do what the govt says all that happens is that it gets no public money.

--
Dirk

http://www.transcendence.me.uk/ - Transcendence UK
http://www.theconsensus.org/ - A UK political party
http://www.blogtalkradio.com/onetribe - Occult Talk Show
Reply to
Dirk Bruere at NeoPax

I don't care about GM. It is a pravate company after all.

President and Congress actions clearly violate amendment 10.

There is nothing in articles 1 and 2 to allow federal government give public money to the GM in any way, shape or form.

--
Andrew
Reply to
Andrew

Is there anything that stops them?

--
Dirk

http://www.transcendence.me.uk/ - Transcendence UK
http://www.theconsensus.org/ - A UK political party
http://www.blogtalkradio.com/onetribe - Occult Talk Show
Reply to
Dirk Bruere at NeoPax

In theory, amendment 10 and Supreme Court.

In practice, well, you know, ...

--
Andrew
Reply to
Andrew

Searches conducted at the United States border or the equivalent of the border (such as an international airport) may be conducted without a warrant or probable cause subject to the "border-search" exception.[55] Most border searches may be conducted entirely at random, without any level of suspicion, pursuant to Customs' plenary search authority.

The United States Customs and Border Protection (CBP), a division of the United States Department of Homeland Security, is permitted to search travelers and their belongings at the American border without probable cause or a warrant. These searches are therefore exempted from the Fourth Amendment warrant requirement.

Reply to
Beryl

Bullshit, as usual. Nothing can be exempted from the Constitution here.

--
Andrew
Reply to
Andrew

You're a goddamned retard, boy.

Reply to
Archimedes' Lever

Pigs, on the other hand... (which 99% of them are).

Reply to
Archimedes' Lever

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