Since the captain made the threat prior to boarding, that part is clearly within the jurisdiction of the local police. That along is enough to require a report if demanded by a citizen. Failure for a police officer to write up a report when called to the scene opens them up to liability also.
It might be questionable what the jurisdiction was when the GPS was stolen, which throws a wrench into criminal charges. Not civil charges. Depending on how well the release is written on the boat, you might even be able to establish a bailment where the board could be held liable for stolen items.
Divers who act like ass holes will get blackballed. Captains who act like ass holes will get sued or get bad reputations on social media sites. We live in a small community and the walls talk.
So the threat, which occured prior to boarding, is in and of itself - ILLEGAL??? How??? you want to police to write a report of something that by itself is NOT illegal.
I dont know all of the specifics - but - the power and authority of a boat captain, specifically in non state waters - is much more than many of you are giving him/her credit. Thus - the liability of the boat captain if anything goes wrong. Captains are held accountable for almost any and everything that goes wrong on a boat - and with that accountability - they are given more power and authority than what would be afforded their equivelant on land.
Maritime Law is an archaic thing in some regards.
As to the jurisdiction of the GPS - it isnt questionable at all. I know in my area - if it happened more than 3 miles from the coast of my state - the police would not respond in any way, shape or form. Now - the Coast guard might - but NOT the police.
---------- Post added January 15th, 2013 at 04:28 PM ----------
A quick Google search shows that by going through your customers stuff, and throwing away his GPS is illegal. Which makes sense, and I have no idea where you think you are entitled to do that. The tort is the "Tresspass to Chattels" if you want to look it up. You then had your cop buddy push it under the rug. I would love to know what dive op you run so I can stay far far away.
In the US - you would need to prove that some sort of harm was caused directly linked to the trespass. If the captain searched your stuff - and you cannot prove harm - this would go nowhere. If the captain (as a reasonable one would) took the GPS and deleted the location - then returned it at the end of the trip - You would have a hard time winning anything.
I know there are stories that end with "throw it overboard"....but I know a lot of situations where captains took the device and deleted something - Ive never known one to, literally, throw it overboard. Im sure they have - I just dont know anyone who would.
I also havent seen any instances where this was applicable directly in maritime law. Only in land based settings. The might exist - but I was unable to find them in a few searches.
---------- Post added January 15th, 2013 at 04:30 PM ----------
We've got books like that on the Great Lakes too. I understand the numbers are not notoriously inaccurate. While I'm sure the author did his best, it's tough to know unless you verify it yourself. So while these sites are known to the captains, and many are even moored, books based on 10-20 year old data aren't going to be correct.
Just for kicks I should take the numbers I know and go through that book and see how off they are.
I have been to no less than 75 supposed wreck sites in NJ from published numbers....(books, NOAA charts, etc), only to find NOTHING - or - eventually find the wreck no where near where it was supposed to be.....