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E.D.Pa.: Reasonable suspicion supported boarding of vessel; log book validly seized

By John Wesley Hall, Jr.

Coast Guard boarded a ship based on a whistleblower's claim the crew was dumping oily waste at sea. The boarding was based on 14 U.S.C. § 89(a). The Coast Guard asked for the logbook for oily waste, and the crew produced it. United States v. Fleet Mgmt., Ltd., 2009 U.S. Dist. LEXIS 74277 (E.D. Pa. August 20, 2009). Reasonable suspicion was the standard for boarding: Dyachenko's initial argument is that the warrantless seizure of his notepads violated the Fourth Amendment to the United States Constitution. The government argues that the seizure was valid pursuant to 14 U.S.C. § 89(a), which permits the Coast Guard to make warrantless searches and seizures onboard a ship for "the prevention, detection, and suppression of violations of laws of the United States...continue to full post

Full post as published by Fourth Amendment on August 25, 2009 (boomark / email).