Lake Erie Coast Guard Encounter

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Suckerspawn
Posts: 145
Joined: Tue Apr 16, 2013 10:15 am
Location: Dayton, Piqua, Ohio

Re: Lake Erie Coast Guard Encounter

Post by Suckerspawn »

Are Coast Guard personnel considered, 'Law Enforcement Officers' or 'Millitary' ?
No, I am not a policeman. I am a mercenary praying for peace on Earth.
I don't want a tactical advantage. I want the bad guys to repent and find a new line of work.
Brian D.
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Joined: Mon Jul 04, 2005 8:42 pm
Location: SW Ohio

Re: Lake Erie Coast Guard Encounter

Post by Brian D. »

Both. They have LE power on and along at least the navigable waterways.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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djthomas
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Re: Lake Erie Coast Guard Encounter

Post by djthomas »

Now whether they constitute a Law Enforcement Officer under the Ohio Revised Code, thus statutorily requiring notification seems to be somewhat of an open issue. Strictly speaking they do not meet the definition of a LEO under ORC 2901.01 (A)(11), but with all the cross-deputization going on there's no guarantee that they don't hold some state commission as well and you'd never know it until you're charged.

Even assuming that they do not have to be notified under Ohio law all that means is that they can't charge you for failing to notify. Practically speaking though they can definitely make for a rough day on the low seas. Or to paraphrase my old man, they can't make you notify ... they can only make you wish you had.
Brian D.
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Joined: Mon Jul 04, 2005 8:42 pm
Location: SW Ohio

Re: Lake Erie Coast Guard Encounter

Post by Brian D. »

DJT, you make an interesting point as usual. We've had discussions on here about Wright Patterson MPs stopping and ticketing speeders on the roads that pass through/near the base in Daytonland and my take was that those were legitimate to some degree.

Coast Guard on Lake Erie or the Ohio River, no doubt in my mind they have enforcement authority.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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djthomas
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Re: Lake Erie Coast Guard Encounter

Post by djthomas »

When it comes to traffic offenses committed on federal property, ORC 4510.031 explicitly allows federal courts to deal with violations of traffic law and report convictions to the BMV as if the offender was convicted under state code.
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