The Rights to check your Motorboat and Unreasonable Search & Seizure

The FWC has the right to randomly stop and detain boats for the limited purpose of checking fishing permits, registration certificates and safety equipment.   The Courts have noted that a person’s expectation of privacy in a motorboat is less that the same expectation of privacy in an automobile.  

However, the FWC is still barred from unreasonable searches and seizures.  They would need some reasonable suspicion that there was criminal activity to search your vessel.  You should be aware if you voluntarily agree to their request to search your vessel, or you have illegal evidence in plain sight, then that would provide them the right to conduct a more extensive search. 

In State v. Vinokurov, 49 Fla. L. Weekly D1801 (Fla. 3rd DCA 2024) the FWC stopped a motorboat to check its documentation and safety equipment.  During the encounter, another occupant of the boat voluntarily opened the boat’s cooler without a request by the FWC officer and the illegal catch was in plain view. 

If you’ve been stopped by the FWC, it’s important to know your rights. While they can check your documentation and safety equipment, you are under no obligation to consent to a search of your vessel. Protect yourself and your privacy—be polite but firm in refusing their request to search. If you ever find yourself in a situation like this or need legal advice regarding a boating stop, contact Fighter Law today. We’re here to help ensure your rights are protected.

Attorney David Migneault

Share: