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“The requirement of probable cause before being stopped and searched is enshrined in the 4th Amendment of the U.S. Constitution,” State Senator Jeremy England said.
Governor Tate Reeves (R) has allowed a bill that prohibits Department of Marine Resources enforcement officers from performing vessel stops or boarding a vessel without probable cause to become law without his signature.
The measure, SB 2263, was authored by Coast State Senator Jeremy England (R) after constituents expressed about DMR officers stopping boaters “for no reason when they were out boating or fishing.”
“After meeting with that group, I heard from even more local people with complaints about being stopped and boarded even though they were not doing anything wrong. I looked into other states, and I learned that Florida has a ‘Boaters Rights’ law that requires DMR officers to have probable cause before stopping and boarding boats,” England said in a recent Facebook post.
The senator said the new law provides “the exact same standard that law enforcement officers need before they can stop a vehicle or a person.”
“The requirement of probable cause before being stopped and searched is enshrined in the 4th Amendment of the U.S. Constitution,” England said.
Alabama has followed suit this year and passed a similar law.
“While I have the utmost respect for our DMR officers and administrators, the Constitutional rights of my constituents – and their enjoyment of our beautiful waters, is very important to me,” England added.
The conference report for SB 2263 was unanimously approved in both the Senate and the House of Representatives before it was sent to the governor’s desk.
The governor gave no reason for not signing the bill into law.
Frank Corder
