Environmental Police

[BigJetDriver]

Folks,

As a police offficer myself, albeit in another state, I believe that something is amiss here.

As far as I know, unless there are special or exigent circumstances, no person, whether under color of authority or not, is allowed to physically search your vehicle without (a) requesting your consent, or (b) obtaining a warrant.

You should call the commanding officer of that particular agency with a polite request for "information" on the propriety of the procedure. If you get the old run-around, you may have to contact the District Attorney, or equivalent, for your region and "request clarification".

Good luck!

 

[yak]

Found this contact on the EP website http://www.mass.gov/dfwele/dle/

Contact: Acting Coastal Enforcement Bureau Chief, Captain Kathleen Dolan
Email Address: Kathleen.Dolan@state.ma.us

 

[ScubaNorth]

I would tend to think that you may give a waiver of your rights by obtaining the license (I tried to find this info on the Gov. Website but couldn't). Don't confuse this with my agreeing with this behavior. I was formerly in law enforcement and there are as many jerks there as in the rest of the world. If you are treated rudely or someone does not identify themselves then absolutely call their supervisor. Often these characters are a thorn in their supervisors side as well but you tie their hands by not speaking up. If I am standing right there and someone (even in uniform) starts digging through my posessions I assume they are thieves and would call the real police. I would also inventory my boat and be sure nothing is missing and if it is they just brought themselves a complaint for theft. Two or three of these complaints and the powers above will take notice.

Remember to get names of these guys. If the same name keeps popping up on the board it would be much easier to take action.

 

[PeaceDog]

without sounding like an uncle tom, I've had nothing but great encounters with the EP in Gloucester. Polite, respectful, everything you could ask for in a public servant. I don't mind admitting that I've been nailed once or twice for no flag, and been given simply a slight tap on the wrist, nothing more. Every other time they approach me and my cronies, they have asked first before searching anything, and always respectfully requested to see coolers or permits.

Maybe it's a south shore thing. I have no beef with the EP up here, and furthermore, the more they beat the snot out of the dicks who are keeping eggers and shorts, the better. That's my tax dollars working the way I want them to.

 

[ScubaNorth]

without sounding like an uncle tom, I've had nothing but great encounters with the EP in Gloucester. Polite, respectful, everything you could ask for in a public servant. I don't mind admitting that I've been nailed once or twice for no flag, and been given simply a slight tap on the wrist, nothing more. Every other time they approach me and my cronies, they have asked first before searching anything, and always respectfully requested to see coolers or permits.

Maybe it's a south shore thing. I have no beef with the EP up here, and furthermore, the more they beat the snot out of the dicks who are keeping eggers and shorts, the better. That's my tax dollars working the way I want them to.

I don't think you sound like an sell out at all. I don't think the EP you are speaking of are the same ones Johlar is complaining about. Anyone who acts in the manner you have outlined should be afforded the same respectful attitude from the divers. I certainly get more irrate when I hear that some "diver" was taking shorts, raiding traps, etc than I do when I hear some EP was rude. I for one will open my gear and car when asked because I have nothing to hide. Heck I bearly ever have any Lobsters at all, never mind short, eggers, v-notched.

 

[johlar]

I don't think you sound like an sell out at all. I don't think the EP you are speaking of are the same ones Johlar is complaining about. Anyone who acts in the manner you have outlined should be afforded the same respectful attitude from the divers. I certainly get more irrate when I hear that some "diver" was taking shorts, raiding traps, etc than I do when I hear some EP was rude. I for one will open my gear and car when asked because I have nothing to hide. Heck I bearly ever have any Lobsters at all, never mind short, eggers, v-notched.

I have absolutely no issues with the laws being enforced. If you are stupid enough to break the law then you deserve what you get. On the other hand in this country the police have to follow rules and regulations just like the rest of us.

If one of these guys had asked if I minded them checking the boat I'd have said be my guest. I'm more upset at the ******* tactics.

 

[large_diver]

I would bet that some of this behavior may be the result of pressure from the local lobstermen. Lobstermen are much more organized and vocal....thus the EP feel pressure to show that they are acting....

I've had the Rockport PD say as much to me -- any time divers get in the way of a lobsterman pulling traps, they call the harbormaster, who in turn calls the PD, who in turn have to make an appearance.

 

[BigJetDriver]

I have absolutely no issues with the laws being enforced. If you are stupid enough to break the law then you deserve what you get. On the other hand in this country the police have to follow rules and regulations just like the rest of us.

If one of these guys had asked if I minded them checking the boat I'd have said be my guest. I'm more upset at the ******* tactics.

And that's the whole point, isn't it? With proper and careful management and enforcement, there will be a continuing harvest of "bugs" available.

In any case, however, proper enforcement means that we follow rules as well. A motor vehicle licence does not, in any state that I know of, automatically entitle officers to search. We are supposed to identify ourselves, and ask politely first. If there is reasonable cause to search, and the owner refuses, we then have to obtain a search warrant.

Amazing idea, isn't it?

 

[Land Locked]

And that's the whole point, isn't it? With proper and careful management and enforcement, there will be a continuing harvest of "bugs" available.

In any case, however, proper enforcement means that we follow rules as well. A motor vehicle licence does not, in any state that I know of, automatically entitle officers to search. We are supposed to identify ourselves, and ask politely first. If there is reasonable cause to search, and the owner refuses, we then have to obtain a search warrant.

Amazing idea, isn't it?

1st of all thank you for your service!
2nd, I do believe illegal search went out with the Queens law
upon our independence, and this does sound like conduct that
falls under illegal!

 

[redacted]

1st of all thank you for your service!
2nd, I do believe illegal search went out with the Queens law
upon our independence, and this does sound like conduct that
falls under illegal!

I thought it was OK for a officer to inspect things that are open. Like looking into windows or, in this case an open boat. The patting of covered items is probably a simple extension of that idea - search by feel rather than just by sight. But it seems so unnecessary (and dangerous) to do it in such an unannounced manner. In Texas, such a stupid move could lead to a good old gun fight!