Lane's Cove Harrasment 6-17

[mfalco]

You don't need to be an EPO to enforce the hunting/fishing laws of the commonwealth. A Gloucester officer can't go to Rockport and enforce those laws, but he can sure do it in his town. EPOs and State Police can enforce those laws everywhere and anywhere in the state. Don't forget the harbor masters(who aren't members of the police department at all). As an example, think of all the poaching that would occur if the locals couldn't enforce the hunting laws in their own town. They'd have to watch or wait for an EPO to arrive while people go deer jacking off season? Doesn't make sense. So, bottom line is if an officer sees you diving he can check to see if you've been lobstering and if so he check your catch/permit. A lobster license is a privilege, not a right.

LobstaMan

In MA if they need a warrant or permission to open your cooler. The EPO/DNR officers don't. I know this because I know DNR officer. The local police will often have him check for illegal fish (because he needs no warrant), when they suspect people to have drugs, etc.


If a cop opens you cooler it is illegal search and siezure plain and simple

 

[reefseal]

dash,

Sorry to hear you got harrased. Lanes cove is one of my all time favorite spots that I always at least do one dive in when go down there. So cool to suit up right at car and walk right down to water. I knew of risks of my car getting vandalized. I always tried to maintain a low profile. (one of reasons don't have diver flag sticker on car) I've had awesome dusk/night dives there. Sort of reason why it's not one of sites mentioned in Cape Ann Divers list of sites.

 

[scubabear6]

Maybe this new harrassment has something to do with the lobsterman nabbed for harassing a diver , caught , charged and convicted by the EP. So maybe they pressured the locals to crack down on us. I don't know any other state errr communist wealth um commenwealth that people can't park at a local public beach. Just imagine getting our veterans to go park at a beach with a news crew in tow to film them being told they can't park at a beach that they put there live's on the line to protect getting kicked off and told that since they are not a residence there, they have no right to park there. We can fight this but we can't go at it from our own single point of view, otherwise we would just be considered a bunch of whinners. Get the public to look at it from hey I pay my taxes why can't I park here point of view. I wouldn't mind paying a REASONABLE parking fee and the towns could make money and we would be able to park without harassment. Sorry for the rant just the common sense part of me wanting to scream out.

 

[LobstaMan]

I don't mean to be argumentative, but you don't need a warrant to open a cooler if you have probable cause to believe there is contraband in there. If an officer smells weed, observes beer w/ under age persons, sees shorts in your bag, etc, then he can search anywhere (vehicle, bag, person, passengers, closed but unlocked containers, etc.) where that contraband might be hidden. Lobsters can't be hidden in an Altoids container, but weed can so there's the limitation. I agree, that maybe w/o seeing any evidence of a crime(in this case possession of shorts/v-notches, etc.) the officer might not be able to go into your cooler. But, I've personally been on a boat where the harbor master told us to open up the live well w/ only seeing that we had dove for lobster. That's not a crime. What would be the difference if we had a cooler instead of a live well? I don't know of any special permission/authority the DNR/EPO officers have....maybe they do. I'll ask an EPO next time I see him.

LobstaMan

 

[scubabear6]

"I don't know of any special permission/authority the DNR/EPO officers have....maybe they do."
I had asked my daughters God Father this question, he's a EP. He answered that due to the nature of the crimes they investigate, poaching, illegal taken game ect. is that they don't need a warrant because the evidence could be easly gotten rid of. They are also Federal officers and not just state so they have more powers than the local officers.

 

[wreckedinri]

At the risk of being ostacised by all.

Lets get a bit of perspective here. The police are on the payrole of the town. The town payrole is payed for by the taxpayers of said town. The police are there to 'protect and defend' the taxpayers of that town. While I agree thea parking hardly constitutes a major crime, it is something that residents (taxpayers) get a major hair across their collective arses about. The taxpayers of that town have to put up with clogged streets and difficulty in finding parking spaces in front of their own homes because of all of the harmless tourist who flock to their town. The cops are hearing complaints from residents of the town that they can't 'xxx' because of all the tourons jamming up the streets. Then they hear complaints form the tourons when they get ticketed. Who's complaints do you think they are going to act on and listen to? . . .

/policeappologistarsekissingrant

Good point. And I think there is more to the problem than just the locals complaining about the parking problem. I was also out in that area Saturday, on a boat. While the guys were in the water I was listening to the VHF radio. In less than the time for one dive to be completed I heard at least 2 and maybe 3 (two of them may have been the same one) Lobstermen calling the Harbormaster and complaining about divers in that area "anchoring their flag and not being anywhere near it". I'm NOT say any divers were doing wrong, heck, I do the same thing (anchoring flag). It's just that the cops are getting blasted from "both barrels". From land as well as sea! I don't know what the answers to the problem is. It just seems that Divers are not welcomed in that neck of the woods.

Almost 20 years ago when friends use to go diving out there around the breakwater the lobstermen would drop concrete blocks in the water. That is not an "urban myth", I know people that it happened to. I can see not much has changed.

Be Careful,
Dennis

 

[mfalco]

I don't mean to be argumentative, but you don't need a warrant to open a cooler if you have probable cause to believe there is contraband in there. If an officer smells weed, observes beer w/ under age persons, sees shorts in your bag, etc, then he can search anywhere (vehicle, bag, person, passengers, closed but unlocked containers, etc.) where that contraband might be hidden. Lobsters can't be hidden in an Aldoids container, but weed can so there's the limitation. I agree, that maybe w/o seeing any evidence of a crime(in this case possession of shorts/v-notches, etc.) the officer might not be able to go into your cooler. But, I've personally been on a boat where the harbor master told us to open up the live well w/ only seeing that we had dove for lobster. That's not a crime. What would be the difference if we had a cooler instead of a live well? I don't know of any special permission/authority the DNR/EPO officers have....maybe they do. I'll ask an EPO next time I see him.

LobstaMan

Having a cooler isn't really probable cause. Unless the lobsters inside were smoking weed.

 

[naskatucket]

i hate those dope smoking lobsters in shorts!

 

[Damselfish]

better than dope smoking lobsters in little speedos

 

[mfalco]

better than dope smoking lobsters in little speedos

Now that is an idea that somebody needs to photoshop