Simone Lawson
The Fourth Amendment to the U.S. Constitution protects citizens from unreasonable searches and seizures and requires warrants to be supported by probable cause. However, the Coast Guard has broad authority to board and search vessels under 14 USC 89, which is derived from the Revenue Service Act of 1790. This has raised questions about whether Coast Guard searches violate the Fourth Amendment. While the Fourth Amendment may protect citizens on land, this protection is limited for those on vessels, and the Coast Guard can board and search vessels without a warrant or probable cause. This power is upheld by U.S. courts, but the balance between security and individual rights remains a subject of debate.
| Characteristics | Values |
|---|---|
| Authority to board vessels | The Coast Guard has the authority to board any vessel under US jurisdiction at any time and place without a warrant or probable cause. |
| Purpose | The purpose of these boardings is to prevent violations of US law, and they are authorized by 14 USC 89 and the Revenue Service Act of 1790. |
| Legal status | US courts have upheld the Coast Guard's authority, and refusing permission to board can result in fines or felony charges. |
| Fourth Amendment protection | The Fourth Amendment protects citizens from unreasonable searches and seizures, but this protection is limited once a citizen is on a vessel. |
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What You'll Learn
- The Fourth Amendment protects citizens from unreasonable searches and seizures
- Coast Guard boarding powers are derived from 14 USC 89
- The Coast Guard does not need a warrant, probable cause, or suspicion of a violation
- The Coast Guard's authority has been upheld by courts
- Refusing a Coast Guard search can result in fines or felony charges
The Fourth Amendment protects citizens from unreasonable searches and seizures
The Fourth Amendment to the US Constitution protects citizens from unreasonable searches and seizures by the government. This amendment was written in direct response to British general warrants, which allowed British law enforcement to search any home, at any time, for any reason. The Fourth Amendment requires that a warrant be obtained and that it be supported by probable cause, which is a certain level of suspicion of criminal activity.
The Fourth Amendment, however, does not protect against all searches and seizures, but only those deemed unreasonable under the law. The determination of what is considered "reasonable" is made by balancing the intrusion on an individual's Fourth Amendment rights with legitimate government interests, such as public safety. The location of the search or seizure also plays a role in how the Fourth Amendment is applied. For example, searches and seizures inside a home without a warrant are generally considered unreasonable.
The Coast Guard, however, has been granted sweeping authority to board and search any vessel under US jurisdiction at any time and place without a warrant or probable cause. This authority is derived from 14 USC 89, which allows the Coast Guard to conduct inquiries, examinations, inspections, searches, seizures, and arrests on the high seas and waters under US jurisdiction to prevent, detect, and suppress violations of US law. The Fourth Amendment's protections do not extend to vessels, as seen in the case of United States v. Villamonte-Marquez, where the Court upheld a random stop and boarding of a vessel without any suspicion of wrongdoing.
Despite the broad powers of the Coast Guard, the Fourth Amendment still plays a crucial role in safeguarding citizens' rights by ensuring that any search or seizure, whether on land or at sea, must be reasonable and not violate the core principles of personal security, personal liberty, and private property.
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Coast Guard boarding powers are derived from 14 USC 89
The Coast Guard's primary law enforcement authority is derived from 14 USC 89, which was made into law in 1949. This legislation grants the Coast Guard the power to "make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction." This includes the authority to board any vessel subject to US jurisdiction, at any time and in any place, without the need for a warrant or probable cause. The purpose of these boardings is to prevent violations of US law, and the Coast Guard is authorised to use force to compel compliance if necessary.
The Fourth Amendment of the US Constitution protects citizens from unreasonable searches and seizures, requiring warrants to be judicially sanctioned and supported by probable cause. However, the courts have upheld the Coast Guard's authority to conduct searches without warrants, as established in United States v. Villamonte-Marquez, where the Court upheld a random stop and boarding of a vessel by customs agents without any suspicion of wrongdoing. This decision was based on the statute derived from an act of the First Congress, which was considered to have "an impressive historical pedigree" and was presumed to be constitutional.
While the Fourth Amendment protects citizens from unreasonable searches, this protection does not extend to vessels. The Coast Guard's authority to conduct searches and seizures on vessels is specifically addressed in 14 USC 89(a). Refusing permission for Coast Guard personnel to board a vessel can result in penalties, including a $500 fine or up to ten years in prison and a $10,000 fine for forcible resistance.
The broad powers granted to the Coast Guard under 14 USC 89 have been justified by the need to ensure the safety and security of vessels on the high seas. Supporters argue that the government has a vital interest in ensuring that vessels are safe, seaworthy, and properly documented. However, critics point out the inherent conflict between the citizens' expected right to privacy and the Coast Guard's authority to conduct searches without warrants or probable cause. Despite this conflict, the courts have consistently upheld the Coast Guard's boarding powers, and any change would require an act of Congress, which is considered unlikely.
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The Coast Guard does not need a warrant, probable cause, or suspicion of a violation
The Fourth Amendment to the U.S. Constitution, ratified on December 15, 1791, guards citizens against unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. However, the Coast Guard's primary law enforcement authority is derived from 14 USC 89, which states that the Coast Guard may conduct searches, seizures, and arrests on waters under U.S. jurisdiction without the need for a warrant, probable cause, or suspicion of a violation.
This authority has been upheld by U.S. courts, which have consistently validated the Coast Guard's right to board and inspect vessels, regardless of probable cause. The Coast Guard's power to search any vessel at any time is not expected to change, as it would require an act of Congress, which is highly unlikely.
The Coast Guard's authority to conduct warrantless searches stems from the Revenue Service Act of 1790, which provided officers with the right to board and search ships in any part of the United States. This statute was passed by the first Congress, the same Congress that enacted the Fourth Amendment, indicating that they viewed the Coast Guard's law enforcement authorities as consistent with the Amendment.
While the Fourth Amendment protects citizens from unreasonable searches and seizures, the courts have interpreted vessel searches by the Coast Guard as reasonable due to the importance of preventing violations of U.S. laws on the high seas. The Coast Guard's broad authority to board and search vessels is thus currently legal and supported by both legislative and judicial precedent.
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The Coast Guard's authority has been upheld by courts
The Coast Guard's authority to board and search vessels has been upheld by courts in the United States. This authority is derived from 14 USC 89, which states that the Coast Guard may carry out:
> "...inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction..."
The Fourth Amendment protects citizens from unreasonable searches and seizures, however, this protection does not extend to vessels. The Coast Guard has the authority to board any vessel under US jurisdiction at any time and place, without a warrant or probable cause. This was affirmed by the Court in United States v. Villamonte-Marquez, where a random stop and boarding of a vessel by customs agents without any suspicion of wrongdoing was deemed constitutional.
The broad authority of the Coast Guard was further upheld by the U.S. District Court for the District of Delaware in November 2019. In the case of U.S. v. Evridiki Navigation, Inc., the court affirmed the Coast Guard's right to examine foreign vessels in US waters, interview personnel, and impose conditions on the clearance of a vessel suspected of violating the US Act to Prevent Pollution from Ships (APPS).
Additionally, the Coast Guard has been granted law enforcement powers on any land under US control, as needed to complete their missions. This includes the authority to carry service-issued firearms on and off-base, as upheld by the court in People v. Booth, which recognised Coast Guard boarding officers as qualified law enforcement officers.
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Refusing a Coast Guard search can result in fines or felony charges
The Fourth Amendment of the U.S. Constitution protects citizens from "unreasonable searches and seizures". It states that citizens have the right to be secure in their persons, houses, papers, and effects, and that warrants shall only be issued upon probable cause. However, the Coast Guard has broad authority to board and search vessels under 14 USC 89, which was enacted in 1949. According to this statute, the Coast Guard can conduct searches and seizures on vessels in waters under U.S. jurisdiction without a warrant or probable cause. The purpose of these searches is to prevent violations of U.S. law, and the courts have upheld the Coast Guard's authority in this regard.
While the Fourth Amendment protects citizens from unwarranted searches, this protection does not extend to citizens on vessels. This distinction is important because it means that refusing a Coast Guard search on a vessel can result in penalties. Vessel operators who refuse permission for Coast Guard personnel to board may be subject to a fine of $500. Forcibly resisting a Coast Guard search is considered a felony and can result in up to ten years in prison and a $10,000 fine.
The Coast Guard's authority to conduct searches on vessels without warrants or probable cause has been a subject of debate. Some argue that it violates citizens' expected right to privacy. However, supporters of the Coast Guard's authority point to the importance of ensuring vessel safety and security, especially in the context of terrorism and drug smuggling.
It is worth noting that the Coast Guard's search authority is not absolute. While they can conduct searches on vessels in waters under U.S. jurisdiction, these searches must still be reasonable and carried out in a manner that respects the rights of citizens. Additionally, the Coast Guard is subject to the same constitutional constraints as other law enforcement agencies, such as the requirement to have probable cause for arrests or seizures of property.
In conclusion, while the Coast Guard has broad authority to conduct searches on vessels, refusing a search can result in significant penalties, including fines or felony charges. It is important for vessel operators to understand their rights and responsibilities when interacting with the Coast Guard to ensure compliance with the law.
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Frequently asked questions
The Fourth Amendment protects citizens from "unreasonable searches and seizures" and requires warrants to be "judicially sanctioned and supported by probable cause". However, the Coast Guard has broad authority to board and search any vessel under the jurisdiction of the United States without a warrant or probable cause. This is derived from 14 USC 89, which has its roots in the Revenue Service Act of 1790.
No, Coast Guard searches do not violate the Constitution. The Fourth Amendment, which is part of the Bill of Rights in the Constitution, protects citizens from "unreasonable searches and seizures". Courts have consistently validated the Coast Guard's authority to board and inspect vessels without warrants or probable cause.
Refusing permission for the Coast Guard to board your vessel may result in a fine of $500. Forcibly resisting is considered a felony and can lead to up to ten years in prison and a $10,000 fine.
The Coast Guard's primary law enforcement authority is derived from 14 USC 89, which states that the Coast Guard may conduct "inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction". This law grants the Coast Guard broad powers to prevent, detect, and suppress violations of US laws.
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