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CA11: Protective sweep applied to boat cabin in illegal fishing investigation

By John Wesley Hall, Jr.

Officers had reasonable suspicion that the occupants of a boat were involved, at the minimum, in lobster smuggling. They got to the boat as it was being removed from the water, and the persons on the boat were excessively nervous. The defendant conceded probable cause for the stop, and the mobility of the boat made it subject to search. The officer looked in the cabin of the boat as a protective sweep, and 13 illegal aliens were found. United States v. Caraballo, 2010 U.S. App. LEXIS 1873 (11th Cir. January 27, 2010): When taken in concert, these circumstances yielded a reasonable ground to believe that the defendant and others had unlawfully obtained lobsters and violated the Florida fisheries laws. We add that the exigency of the situation -- Caraballo was about to leave with the boat and any poached lobsters or fish would be easy to dispose of -- made it impossible to seek a warrant in due course...continue to full post

Full post as published by Fourth Amendment on January 30, 2010 (boomark / email).