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Old 06-27-2009, 09:49 AM   #21
ApS
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Question The Appearance of BWI Enforcement?

ETA:
Massachusetts and the Coast Guard are operating an "Operation 'Dry Water'" also. They will operate checkpoints.

Quote:
Originally Posted by Jeti View Post
"...Unfortunately, MADD’s effort...doesn‘t help us make the best decisions about how to reduce impaired and drunk driving, whether or not that involves police roadblocks..."
On the Big Lake, that roadblock can consist of the MPs "crowding a boat" on whom they'd previously developed information as having a drunken skipper:

In other words, a violation of the 150' rule will have given the NHMP "probable cause" for a stop to sniff around—and be doing it legally.

The NHMPs could be called on this, citing a MOVING checkpoint.

To challenge a moving-BWI-checkpoint, I can see a formerly-charged drunken boater taking this kind of case to the U. S. Supreme Court.

It's even possible that the New Hampshire-only 150-foot rule could be thrown out as the MPs would then have an unfettered and unconstitutional use of it for searches in conjunction with an instant roadblock of their own making!

BTW: Didn't New Hampshire show just two BWI arrests for one whole year recently? And, of that number, how many developed into convictions? .....None?
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Last edited by ApS; 06-29-2009 at 07:44 AM.
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