USCG Vessel Security Program Upheld

Monday, December 04, 2006
The US Court of Appeals for the Second Circuit has upheld the US Coast Guard vessel security program. Plaintiffs, who were passengers on a ferry on Lake Champlain, brought suit against the federal government and the ferry company, asserting that the practice of searching the carry-on baggage of randomly selected passengers and inspecting randomly selected vehicles (including their trunks) as part of the USCG maritime security program violated plaintiff’s rights under the Fourth Amendment to the Constitution (i.e., protection against unreasonable searches and seizures). The Coast Guard instituted its program under authority of the Maritime Transportation Security Act of 2002 (MTSA). Prior to mandating the inspections, the Coast Guard conducted an assessment, reaching the conclusion that commercial vessels of more than 100 gross tons and passenger vessels licensed to carry more than 150 persons were at high risk of a transportation security incident. It therefore required such vessels to institute security programs. For passenger vessels, this included random searches of the type involved in the instant case. The court held that individuals do have an expectation of privacy, but that such right is not unlimited. Here, the Coast Guard security requirements are justified based on the special need to protect against terrorism and are tailored to minimize intrusions while serving the goal of deterring potential terrorists. Source: HK Law
Maritime Reporter March 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Patrol Boats

Costa Concordia Used For Mafia Drug Smuggling

The doomed Costa Concordia was carrying a huge shipment of Mafia-owned cocaine when it set off on its final voyage, AP reports quoting investigators who have collected evidence.

ST Marine Celebrates Naming of Vessels

Singapore Technologies Marine Ltd (ST Marine), the marine arm of Singapore Technologies Engineering Ltd (ST Engineering), held the Naming Ceremony today for the second Patrol Vessel (PV),

Japan, U.S. Look to Expand Naval Cooperation

Japanese Prime Minister Shinzo Abe's push to allow Tokyo to come to the aid of an ally under attack will pave the way for closer cooperation between U.S. and Japanese forces across Asia, a top U.

Coast Guard

Costa Concordia Used For Mafia Drug Smuggling

The doomed Costa Concordia was carrying a huge shipment of Mafia-owned cocaine when it set off on its final voyage, AP reports quoting investigators who have collected evidence.

WaPo: Two German CEOs Launching Own Mediterranean Rescue

The Washington Post has a story today about two German men who are launching their own rescue mission to save migrants crossing the Mediterranean.   Harald

All American Marine Delivers Ferry to Seattle

All American Marine, Inc. (AAM) today announced the delivery of a new passenger ferry that will serve the city of Seattle.    The vessel, MV Sally Fox, was dedicated

 
 
Maritime Contracts Maritime Standards Naval Architecture Pipelines Salvage Ship Repair Ship Simulators Shipbuilding / Vessel Construction Sonar Winch
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1180 sec (8 req/sec)