Lake inspector question?

Last week on a lake near Park Rapids we were inspected while landing the boat. The inspector went though the usual program and he did ask if the live well was empty. My buddy said “yes it is”. This was after my buddy already told him that his boat has not been in the water for over a month. Then the inspector went to the other side of the boat to continue his hull inspection and then started to reach in the boat and try to open the live well lid. At that point I asked him what he was doing and he said he had to verify the live well was empty. I said “NO”. Keep your hands out of the boat and you have no authority to inspect the inside of the boat. He backed off and finished up his inspection. To no surprise to my buddy and myself with-in about 5 minutes of fishing on the lake we also get checked by the county water safety officer. We could see the inspector land the boat and came out directly in a straight line to inspect us.

So do the inspectors have any authority to inspect any part inside the boat?

THX

Nope.

Hands OUT!

Interesting read about conducting searches and your 4th amendment rights

In what situations will an articulable suspicion
support a search or seizure?
Limited searches and seizures based upon
articulable suspicion are really exceptions to the
warrant requirement. In order to exercise the
exception, law enforcement must have an articulable
suspicion that criminal activity is afoot. This
exception stems from the United States Supreme
Court case,
Terry v. Ohio
, and is referred to as the
Terry
exception.
Terry v. Ohio
, 392 U.S. 1 (1968).
The exception authorizes a limited seizure or stop,
usually briefer than a full-blown arrest and at the
location where the stop occurred. The search
authorized under Terry is based on officer safety.
For the search to be justified, the officer must have
some articulable suspicion that the individual may
be armed, and the officer may conduct only a pat-
down of the person’s clot
hing (i.e., a “frisk”).

Just out of curiosity Gordon, what did you want him arrested and charged with? I’m assuming your in MN? Not sure if other states have to deal with this.
DT

You will have wannabe inspectors trained by wannabe trainers. This will become the biggest fiasco since prohibition. These people are paid 8 bucks a hour and are told they are the last line of defense for the lakes. Armageddon is just around the corner.

DT is there a stupidity law on the books?

didn’t mean to post here

A. E. wrote:

<div class=”d4p-bbt-quote-title”>FishBlood&RiverMud wrote:</div>
Nope.

Hands OUT!

Do you know a statute that limits them to the outside of a boat only?

They aren’t Game Warden’s or law enforcement. They have no more authority than someone asking if the fish are biting.

I’ve been asked too, told them to go ahead. I’m not going to get all worked up about nothing…

Anonymous wrote:

I’ve been asked too, told them to go ahead. I’m not going to get all worked up about nothing…

Can I search your house too? Strip search your kids at the airport?

Generally, I agree with your sentiments. But you have to protect your rights at some point too.

Ok I looked into the actual statutes about inspectors.

Inspectors have authority to inspect water related equipment for plants, AIS, or water.

“Inspect” means to examine water rated equipment for the stuff mentioned above.

“Water related equipment” includes live wells in the definition.

Seems like they can then? This is all from 84D MN statutes.

I am going to leave the legal mumbo jumbo to others, but the next section reads:

(b) Inspectors may visually and tactilely inspect watercraft and water-related equipment to determine whether aquatic invasive species, aquatic macrophytes, or water is present. If a person transporting watercraft or water-related equipment refuses to take required corrective actions or fails to comply with an order under section 84D.10, subdivision 3, an inspector who is not a licensed peace officer shall refer the violation to a conservation officer or other licensed peace officer.

To me, I don’t believe that “tactilely” meaning “that can be perceived by the touch” would allow for opening and searching any compartments.

Ok, so they can visually and tactily inspect water related equipment, which includes boats. That brings me back to wondering where it says just the outside of a boat?

It’s only looking in a boat, they are not breaking down my door and strip searching anyone. In my book, it ain’t that big of a deal

Anonymous wrote:

It’s only looking in a boat, they are not breaking down my door and strip searching anyone. In my book, it ain’t that big of a deal

No offense intended but its this kind of thinking that has led to our rights being trampled on for quite some time. IMHO

The big deal is when they pick away inch by inch at our rights given to us under our constitution.

I see the inspectors at the public landing on our local zebra-mussel infested water and they’re more concerned with where I plan to use the boat on my next outing. I say right back here or the Mississippi River and they wave as they go back to the tunes in their truck. I pull the plug and drain anything that might be needing removal, but for the most part these guys are inert. I did ask them once why they didn’t bring a lawn mower so they could sprue up the grassy areas there….and a big plastic trash bag so they could pick up litter while they wait for boats and the most response I’ve seen thus far is a hunched shoulder and walk away. Like I say…..inert. Probably going to run for Pres someday soon.

Hey Scott, what lake out of curiosity?
I’ve encountered some pint sized Matt Dillons up there as well.
By pint sized I mean mentally.

You can pm if you’d like.

Its a livewell, no need to think your rights will disappear over a simple visual inspection, as for compartments no reason to look in them so tell them no. When they come to your house demanding to search without a warrant make your stand, its a 100% totally different situation- no need to try and make a connection there. Just because you follow the rules doesn’t mean 100 others don’t care and argue with the kids searching livewells, That’s why the wardens and sheriffs will harass you after the fact- you harassed an $8/hr summer job kid over a livewell inspection… stop holding up the ramp.

Find out who his employer is and Report him to them and the DNR AIS staff. Signify he is making you Liable if he gets hurt on your boat and according to the Law, He as a Level 1 or II Inspector does not have authority to get on your trailer, nor to open any compartments. Without your permission he cannot climb on your boat or trailer. Only the DNR Conservation Officers can do that.

If he breaks something, they are Liable.

They allways ask me how long I have been out and where I plan to fish next.I told them- Come on now you know,your the boat launch Nsa…With their little handheld devices they punch in you boat and trailer regisrations so they pretty much know where you are and when you were there.One day they checked me before leaving and I told him I hadnt got around to removing any weeds yet and the guy said they wernt worried about weeds only zebra mussells.

TripleA wrote:

Its a livewell, no need to think your rights will disappear over a simple visual inspection, as for compartments no reason to look in them so tell them no. When they come to your house demanding to search without a warrant make your stand, its a 100% totally different situation- no need to try and make a connection there. Just because you follow the rules doesn’t mean 100 others don’t care and argue with the kids searching livewells, That’s why the wardens and sheriffs will harass you after the fact- you harassed an $8/hr summer job kid over a livewell inspection… stop holding up the ramp.

A few thoughts …… the live well is INSIDE the boat, he, full grown man of around 50 for age, does not have the right to search my buddies boat! I did not “HARASSE” him but told him to stay out of the livewell/boat and that he has no authority. I said all this with complete professionalism. And for your ASSUMPTIONS, we did not hold up 1 single person at the ramp.

Its DANGEROUS thinking like yours that has led to our rights being trampled on and being slowly taken away and inch at a time.

Its time we start taking them back!

Just open your live well, give them a peak, answer their questions and you will be on the water by the time your straps are off the boat. They are only doing this to protect our resources.