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D.P.R.: While Senate had not approved of a treaty, the President's Executive Order authorized stop 24 miles off-shore

By John Wesley Hall, Jr.

While the President signed a 1982 Convention on the Law of the Seas treaty authorizing the U.S. to exercise jurisdiction out twenty-four miles rather than twelve, the President in 1999 signed an executive proclamation approving that distance as a “contiguous zone.” The appearance of defendant’s boat off Puerto Rico in rough seats with the crew claiming they were testing a boat that had been repaired just didn’t wash with the Coast Guard since they ignored radio contact, so they boarded it. It was a legal boarding and search, and defense counsel was not ineffective for not challenging it. Delgado-Negrón v. United States, 2011 U.S. Dist. LEXIS 30925 (D. P.R. March 24, 2011).* Defendants were indicted for staging a traffic stop to steal drugs...continue to full post

Full post as published by Fourth Amendment on March 28, 2011 (boomark / email).