Quote:
Originally Posted by Woodsy
...I want to know how they intend to do BWI checkpoints on the water? I assume the same rules apply to the water as road?
...I do know the MP need probable cause to pull stop you, no random checks allowed... Woodsy...
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While the nationwide press release talks about boating BUI checks, in NH there will be only increased and intensive patrols based on actual boating violations. You are correct, in order to setup a "raod block", whether on land or water, requires Court permission and appropriate public disclosure, at least here in NH. Other States have lesser standards. The article is intermingling our Director's press release with the Nationwide release which may ad to some confusion.
As a sidenote, an officer only needs "articulable suspicion" to temporarily stop and detain you, not "probable cause". The officer requires "probable cause" to cite or arrest you.
Without going into a lot of legalese, let me give you an example.
A NHMP officer sees you operating your boat in an erratic manner while not displaying your lights after dark. This gives him "articulable suspicion" to temporarily detain you and to further determine the reason for your behavior, such as excessive consumption of alcohol. After he stops you he detects a strong odor of an alcoholic beverage on you breath, your words are slurred and mumbled and you do not have the dexterity to produce your boater's certificate without dropping it into the bilge. After you fish it out through a pile of Bud Lite empties and fail a series of sobriety tests the officer then has developed enough "probable cause" to arrest you for Boating While Intoxicated.
Articulable suspicion gives him the justification to temporarily detain you to determine if and what level an offense may have occurred. Probable cause is sometimes derived out of information developed during the stop to rise to the level of an arrest.
Hope this helps explain it a little better....