[Sandy Beach]

Originally Posted by Skipper

That part of the story jumped right out at me. The wake from MP officer Cook's boat was part or the reason the kayak tipped over. MP swamped the kayak in the name of a safety check. Is the Marine Patrol exempt from responsibility for the wake they make (specially in a non-emergency situation)?

I think it is atrocious that the patrol boat wake rocked the kayak so much that it tipped. How is that justified? Loads of debate about the decision of the judges but only one mention in all this about the patrol boat wake. Even if they gave him a ticket for no PFD the Marine Patrol should consider itself lucky the guy didn't sue them for contributing to the swamping of his boat. Does this happen often? Are there boating mishaps that are caused by Marine Patrol?

A lot of discussion about the intent of the law and protection of citizen's rights. Those in law enforcement generally seem to look askew at anyone exercising their rights in lieu of full cooperation. We are required to show ID when asked to do so by law enforcement but when do they have the right to ask? We do not live in a police state.

Originally Posted by Skip

Ask the officer who just stopped you if you are being detained. Maybe right after he asks for your operator license & boat registration.

Sure if an officer just stopped you you are being detained. Detained = stopped. They are the same in this instance. Can you leave before the officer sayss OK? You can try but I think that invites further scrutiny at the least or could even lead to an arrest. Officers can usually find some reason to justify a stop to their superiors. Ask a professional, like a lawyer specializing in criminal law, what to do when stopped for routine questioning (like vehicle stops) or other types of questioning. Know your rights and how and when to use them.

Having rights does not mean it is always wise to use them.


Sandy