Why does the US Coast Guard have such broad search powers?

[Fly320s]

The U.S. Code (Title 14, sect. 89) gives the Coast Guard the authority to "At any time, to go on board of any vessel subject to the jurisdiction, or to the operation of any law, of the United States, address inquiries to those on board, examine the ships documents and examine, inspect and search the vessel&"

So when, how, and why did the Coast Guard get the power to violate the 4th amendment?  Has anyone attempted to overturn their authority via the court system?

Is the CG a military force or a branch of law enorcement?

[Werewolf]

CG used to belong to Dept of Treasury I believe and got took over by the NAVY in times of war. I think now it is a part of Homeland Security.

I'd guess that the code above applies only to ships in US waters. Boarding a ship in international waters without the Captain's permission would technically be piracy unless the the boarding nation is at war with the  nation under which the ship is flagged.

I'm no sea law expert but I'd bet the CG can legally board any US flagged ship/boat anywhere under the quoted code.  The

jurisdiction, or to the operation of any law, of the United States

implies to me that a warrant or probably cause would be required to board any vessel in US waters and a US flagged vessel not in US waters. BUT IANAL - just my opinion.

[Moondoggie]

The Coast Guard was part of the Department of TRANSPORTATION prior to being folded into DHS.

They have the authority to inspect any vessel in US Teritorial waters for safety compliance, proper cargo manifests, compliance with HazMat regs, etc.

Here's the concept that you need to understand.....all ship traffic is highly regulated.  You don't just write a check to buy a ship and cast off from the dock hauling cargo.  Different countries have varying requirements for safety, maintenance standards, crew certifications & training, and most importantly INSURANCE COVERAGE.  Liberia is one of the most "flexible" and that's why you see so many merchant ships "flagged" aka "registered" there.  The fees required also vary greatly.

Here's a parallel for you...trucking in the US.  I own/operate an 18 wheeler under my own DOT authority.  I'm subject to being pulled-over and inspected by any state's DOT at any time.  They can, and frequently do, examine my DL, Medical Card, insurance cert, logbook, cargo manifest, and appropriate registrations.  They can perform a detailed mechanical inspection any time they want to.  If they find a violation they can basically impound (issue an "Out of Service" order) the truck until repairs are made.  Moving a truck that has been tagged out of service is BAD Juju!  I have to register my truck in every state that I run in.  The DOT cops (or practically any cop) can search my truck/sleeper from stem to stern (upheld by SCOTUS) PLUS require me to provide a urine specimin any time they want to.  Since I'm also a "trucking company", I'm subject to an audit of all required records at my place of business by my state's DOT.  Personnel records, training records, drug testing program, safety program, maintenance records/program, tax compliance, regulatory compliance...the list goes on.  The fines can be astronomical if the inspector is in the mood to "stick it to you".

There are enough books on maritime law and international trade regulations to fill a library all their own and governments take this stuff VERY seriously.

[atek3]

if they are that crazy about urine testing how do truckers use speed anymore?

atek3

[Moondoggie]

The ones that do drugs are just playing the odds.  There's still quite a few "outlaw" drivers out there, mostly among livestock and coast-to-coast produce/meat haulers.  By "outlaw" I'm talking about the guys you see out in the left lane running 15 - 20 over the speed limit, tailgating, and most of the time don't worry about those silly logbook rules.  Most of them in really tricked out rigs.  Why do they drive like that?  One reason, and only one reason.....GOTTA MAKE MORE MONEY!!!  It's the only way a solo driver can make enough to pay for a $200K rig financed to the eyeballs at 12% +.  For the life of me, I don't know why the authorities don't do more to put them out of business...they just give all of us professionals a bad image.  As for me and my truck, we obey the law and do our best to make sure we never hurt anybody.

If you pop positive, your license is suspended.

Besides random roadside tests, every CDL driver is subject to random testing by their company.  Testing is part of the hiring process for almost every company.  Even though I only own I truck with 2 drivers, we have to join a "consortium" for drug testing to meet the random testing requirements.  Wife & I get tested 2 or 3 times per yr.  Get a letter in the mail and have no more than 7 days to go to a local clinic and provide a sample under controlled conditions.  Sample is FedEx'd to the lab.

The regulations are mind boggling.  The taxes are worse!

[Antibubba]

Watch your language.  they are no longer broad powers; they are Female-American powers.  

[K Frame]

I believe that the powers of the Coast Guard, and before that the revenue cutter service, derive not from US law, but from the even older Admirality Law.