interesting read/info on random boat searches

[FishingwithRusty]

https://www.abc27.com/news/random-b...LDlOKMzBuXBqRp6HTkMqFDnsJNIJypIX-Ak6Ekh7clP9c

still trying to find the follow info on the appeal

 

[rsimms]

Interesting. Of course this case applies only in Pennsylvania, unless or until it makes it's way to federal court... which would be YEARS and YEARS away.

If you're curious, here is the Tennessee law which governs TWRA officers authority: https://law.justia.com/codes/tennessee/2010/title-69/chapter-9/part-2/69-9-220/

Of course any law in existence can potentially be challenged in court.

 

[FishingwithRusty]

interesting.................

"d) The provisions of this section do not authorize officers to inspect vessels for any purpose other than to determine if the vessels meet the registration and safety requirements of this chapter."

 

[billyc]

I've had twra officers just get in my boat and look in live well for short smallmouth at riverpark ramp without asking or anything. He acted all shocked when I chewed his ass out for getting in my boat with his muddy ass boots.

 

[rsimms]

FishingwithRusty - 9/15/2021 9:33 AM

interesting.................

"d) The provisions of this section do not authorize officers to inspect vessels for any purpose other than to determine if the vessels meet the registration and safety requirements of this chapter."

A lawyer would need to interpret ... but I think that subsection is regarding random boating stops "without cause." Basically saying if they stop you randomly on the water, they cannot search your boat for drugs. That, however, would be negated in the event of "probable cause" - such as 'reckless operation' - as referenced in section a).

AND, if you've got fishing (or hunting) gear visible (more probable cause), there is a whole new section of laws pertaining to search and seizure under TCA Title 70 (governing wildlife law enforcement).