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ME: Lobster searches: Maine fishery officers have jurisdiction to board and search fishing vessels 25 miles off shore for illegally taking lobster

By John Wesley Hall, Jr.

A Maine lobster search by state fishery officers in “international waters” but in the federal “exclusive economic zone” was valid. Officers did not need probable cause to boat and search. State v. Thomas, 2010 ME 116, 2010 Me. LEXIS 119 (November 9, 2010): [*P3] On July 12, 2007, several Maine marine patrol officers located the Blue Water approximately thirty-five miles from Matinicus Island. On that day, the Blue Water was rigged for groundfishing. Thomas and the marine patrol officers were familiar with each other, and Thomas was unhappy that the officers had arrived at his boat. The officers asked to board the Blue Water, and Thomas initially refused them permission because he was fishing in federal waters beyond what he perceived to be their law enforcement jurisdiction...continue to full post

Full post as published by Fourth Amendment on November 15, 2010 (boomark / email).