Roadside Boat Checkpoints Starting This Week-MN

Dutchy’s latest brain-child needs a name.
something like … “Occupy DNR Checkpoint”

Thanks for posting that link Mr. Jordan!

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T]he right to be left alone-the most comprehensive of rights and the right most valued by civilized men.   To protect that right, every unjustifiable intrusion by the government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment.

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RE: Boat Plug Law

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5.  It is true that unlike traffic violations, fishing violations committed in fish houses may be difficult to detect and evidence may be destroyed before a warrant can be obtained, but ease in enforcing the law has never been a sufficient justification for government intrusion.   As we stated in Hardy, where we ruled that a police officer’s request that a defendant open his mouth was a search for Fourth Amendment purposes:  “[T]he possibility that [the defendant] might ingest whatever substance was in his mouth did not eliminate the need for police to have probable cause to believe that the substance was evidence of a crime before they could search for it.”  577 N.W.2d at 217.

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In other words when asked at the check points if they can enter your boat…Just Say No….and ask them how their weekend is going.

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The right to be left alone-the most comprehensive of rights and the right most valued by civilized men. To protect that right, every unjustifiable intrusion by the government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment.

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I think I have a new signiture line!

-J.

So they can’t open up things in your boat or climb aboard (or on the trailer), but can’t they look inside? If I put a brick of cocaine on the rail of my front deck and it is visible from the street, can’t they arrest me?

You are obligated to conceal your cocain.

-J.

Yes, and you better not have your floor covered with zebs either.

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You are obligated to conceal your cocain.

-J.

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Ok, I don’t need any help.

I was not making a case for them. I was curious what the answer is, because I do not know.

So Brian, you don’t think COs should be able to check for licenses?

I sort of think that might actually be the case. The last time a CO stopped by the boat I was in he just asked if we had licenses. He never asked us to show them. Maybe it was a trick question.

Should a person who looks Mexican or who has an accent be asked for proof of being in the country illegally if they are stopped for another reason? Not trying to go off topic, so if you answer this relate it to the topic at hand. I am wondering if some people have conflicting applications of the law.

And don’t take the questions as argumentative. I am posing more philosophical questions because I am interested. I don’t have a boat in this race.

Also, Brian farted. Targa told me so.

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So Brian, you don’t think COs should be able to check for licenses?

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By driving down the road should an LE be able to stop you and ask to check your D/L? The courts say no.

By the act of fishing should a CO be able in intrude into your life buy asking to see your fishing license?

One or the other should change.

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So Brian, you don’t think COs should be able to check for licenses?

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By driving down the road should an LE be able to stop you and ask to check your D/L? The courts say no.

By the act of fishing should a CO be able in intrude into your life buy asking to see your fishing license?

One or the other should change.

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That would be awesome. I wouldn’t have to bother buying a fishing license again. Then we wouldn’t have to worry about checkpoints, because they couldn’t afford them. A nice side affect would be no more walleye stocking, but lake associations would probably have free reign over closing off their lakes.

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So they can’t open up things in your boat or climb aboard (or on the trailer), but can’t they look inside? If I put a brick of cocaine on the rail of my front deck and it is visible from the street, can’t they arrest me?

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Don’t confuse probable cause with guilt by association. Your brick of coke (which is illegal) visible would give them probable cause to think you are doing a illegal act.

Me pulling a boat down the road is not illegal. For them to assume i’m carrying zebs by-passes probable cause and lumps me into that nefarious group of boat owners. Remember water does not have to be running out of your boat to get inspected. It can be covered in dust 3 inches thick with 3 year old stickers and they still can / would check it.

Now, if I got pulled over for speeding and my hull was covered with still wet zebs, then in my mind they have probable cause. But just because I’m lucky enough to own a boat doesn’t mean I’m hauling zebs.

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Dutch, I would be surprised if the checks would be college students. Road side checks are normally to risky to allow them to do this.

But you’re right. Keep it positive.

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While I was kind of tongue in cheek with the college kids my point was it won’t be seasoned officers with any common sense. It likely will be the last hires who are still to young and gung ho to realize they are peeing against the wind. Really, I mean who wants to stand and explain a law without merit all day?

THAT SAID…….I’M NOT CONDEMING ANY OFFICERS FOR DOING THEIR JOBS. IF THIS IS THE ORDER, BY ALL MEANS DO YOUR JOBS.
WE WILL LET THE COURTS SORT IT OUT.

Understood. I was approaching it from the point of view that they already are their at the launch and inspecting. Ignore whether or not that is legal, lets just say that you are there and the inspection is happening whether you agree or not. Now you give in and let them. At that point can’t they look over the gunwale and in the boat?

Sure, with your consent they can do anything.

I think the only argument is that in some peoples mind it’s a “illegal search”.

I don’t think anybody is against stopping AIS or even in slowing it down. I think it’s the whole idea that they think we are so stupid that they can trample on the constitution to try and do it. I’m all for the searches under two conditions……………

1) somebody can prove the inspections will stop AIS from spreading.

2) Every other citizen in the state submits to a random inspection of their vehicle.

I made this analogy on another site. By their definition if we stop every vehicle in the United States and searched it we could stop the use of illegal drugs.

Think about that.

How is this any different than when they set up checkpoints for waterfowl hunters? Soon as we got into MN there was a big sign that reads “DNR checkpoint- all waterfowlers must stop” then a big line of cones.

They do it for hunting, drunk driving, seatbelts, speeders.. but its not right for boaters?

Just drive on past then say “who the hell attached this boat to my truck? YOU ARE PLANTING EVIDENCE!”

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I wouldn’t have to bother buying a fishing license again. Then we wouldn’t have to worry about checkpoints, because they couldn’t afford them. A nice side affect would be no more walleye stocking, but lake associations would probably have free reign over closing off their lakes.

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We can drive without a D/L now too. But you do have a point. Lots of other taxed to keep the roads open, not much putting money in the coffers for fisheries management.

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Following though with this thought, our cars, boats and homes should be checked for AIS if there’s a boat in our yard. We might have brought in some zebs from infested waters in a bait bucket.

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They already can.

The law says that the owner of a watercraft that is in plain sight and has weeds hanging off of it can be ticketed. So, if your boat is in the driveway with weeds on the trailer and that goody-two-shoes neighbor of yours reports it, you may have the weed police at your doorstep with ticket in hand.

Isn`t this PROFILING???????? Which is against the law…the Feds say so.

Like I stated previously, pretty soon you poor “BAS*~^D’s are going to have to ask your elected leaders when you can have permission to go “POTTY”>>>>>>>>

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Isn`t this PROFILING???????? Which is against the law…the Feds say so.

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This sums up my view. Thanks, Tom.

I can wear a towel on my head and kneel facing the east while chanting prayers from koran at the airport……..and it is profiling if I get searched or detained before boarding a plane….. But towing a boat, it is perfect okay ……..

I have been very vocal criticizing and berating out state gubment(I pay taxes and vote, so I can) and DNR….. and crap like this is the reason. I stand by a previous statement I made….our DNR is an embarassing “S**tBAG operation”. They are a black eye to our state.

T

Correct me if I’m wrong but wasn’t it the legislature that dreamed this one up?
The DNR only enforces the laws, they don’t make them.

You whoooo! Buzz.

Help us out here.

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Correct me if I’m wrong but wasn’t it the legislature that dreamed this one up?

The DNR only enforces the laws, they don’t make them.

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Not sure on the start of this circus, but Yess’r… the legislative azzhats approved this and that is why I included the state Gubment in my belittling. THe DNR is enforcing this bufoonery.. that our circus of a gubment has created…..

A monkey enforcing another monkey’s law is still a monkey.

(I actually am a decent guy…..and you’d probably like me as a neighbor, …….. but I think our current gubment ((from the local county, to the state, to the national level)) is a damn embarassment)

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and you’d probably like me as a neighbor

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You are our cyber neighbor and have proven to be a decent guy.

When were the first zeebs found ? And milfoil?
Aren’t these extreme measures about 15 years too late ?
WKW

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You are our cyber neighbor and have proven to be a decent guy.

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You take that back, or the next catfish I catch gets it….

and i am not kidding…

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When were they first found in the United States?
Zebra mussels were first discovered in Lake St. Clair in 1988. Lake St. Clair is located east of Detroit, Michigan between Lake Huron and Lake Erie.

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How did they get here?
It is generally agreed upon by scientists that zebra mussels entered the Great Lakes from ballast water dumping by large ocean-going vessels from Europe. Ballast water is used to keep ships stable in the water. The amount of water carried is dependent on the amount of cargo on board. A ship will carry large amounts of ballast water when there is no cargo and will dump it in port as cargo is loaded.

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Myriophyllum spicatum was likely first introduced to North America in the 1940s[2] where it has become an invasive species in some areas. As of 2003 Eurasian watermilfoil was found in every state of the contiguous US save for Wyoming and Montana, with Rhode Island, New York, New Jersey, Michigan, Minnesota, and Washington having the largest areas of infestation.

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I’d suggest the DNR higher ups and Legislators come here and check out which threads get the most action.

We all seem to say the same things over and over. Some call that the definition of insanity, but it is a good barometer of how fed up people are.

With all these Illegal inspections that are now considered legal, just because they want too I can’t stand by without a comment or two. I got a question, with all the attention on stopping the spread of these things, I wonder how much money is being speant that could be spent on something else more useful. The law makers think this is a nobel cause, they don’t know its not going to stop it, slow it down a little maybe. Sounds like a cause by the few just to keep thier axels turning, they have to have something nobel to do mentality, has it really stopped anything in the past, no.

Searching all these boats and whatever else sounds like such a big waist of time and resouces. Maybe thier doing all this just to let eveyone know its important to try to not transport, but again I don’t think it will do any good at all, considering all the other ways thier being transported. Why not spend all that money on a good effort to find out how to get rid of them, if its even possible. Kinda like go tell the ducks, geese and muskrats and everything else that goes from pond to pond.