Florida Law Boat Inspections and Searches

United States Customs officers, as well as United States Coast Guard officers have the authority to stop any boats with access to the open sea for the purpose of safety and document checks, even if there is no probable cause or suspicion of any wrongdoing by the boat captain. Such search does not violate the 4th Amendment (Unreasonable Search and Seizure).  Further, random stopping of boats by the Florida Fish and Wildlife Conservation Commission Officers (formerly Florida Marine Patrol) for the purpose of checking registration, fishing permits and safety gear is also authorized.

If a boat is not stopped for the purposes explained above, it is necessary that the officers have reasonable suspicion of criminal activity to conduct such a stop. Without consent of the boat captain, marine patrol officers cannot further search the boat unless they have a reasonable suspicion that a crime has been committed or is about to be committed. Specifically, marine patrol officers may conduct limited searches based on reasonable suspicion and may conduct more thorough, “stem to stern” searches based on probable cause.

Officers of the Fish and Wildlife Conservation Commission are authorized to conduct inspections and searches without a warrant when officers have “reason to believe” (probable cause) that fish were taken in violation of the law, specifically the Saltwater Fisheries Law.

It is important to note that during these stops Florida marine officers can ask the boat captain (operator) to perform a breathalyzer or blood or urine test and/or other s obriety tests.  If you have been arrested for Boating under the Influence call our attorney, Christian Van Riper, a lifelong resident of Stuart, a former DUI prosecutor, and avid boater himself for free advice at (772) 283-8712. The Stuart FL criminal lawyers at Van Riper & Nies are ready to help you today!