What is a Vessel / Boating Safety Check?
In a vessel safety check you are required to demonstrate compliance with state and federal boating safety requirements.
You will be asked to show such things as PFD’s (personal flotation devices or life jackets) for each person on board or being towed, a nonexpired fire extinguisher, non-expired daytime and nighttime safety flares and functional nav (navigational) lighting. (While not necessarily for “safety” in FL you must also have the current vessel registration onboard and a current validation sticker and vessel ID numbers affixed to the hull.)
(You can see an exhaustive list of FL’s required vessel safety equipment at www.myfwc.com and you can download the USCG’s “Vessel Safety Checklist” at the website below (https://www.usps.org/national/vsc/formtool_files/a7012.pdf).
Naturally cops can, will and do “use” vessel safety checks as a pretext for what would, on land, be considered an unlawful search and seizure. But since the 4 Amendment is pretty much inapplicable on the water th you probably won’t be winning a motion to suppress when law enforcement either finds contraband in plain view or decides to make a BUI arrest.
Sadly, the fact is that on a boat you can be boarded any law enforcement agency – be it the USCG, FFWCC, Metropolitan Police, the Sheriff’s Office or even the smallest of municipal police agencies at any time, effectively for any reason or no reason at all.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney
Leave a Comment