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Are police going overboard with Hudson River patrols?

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From the Times Herald-Record

Are police going overboard with Hudson River patrols?

Times Herald-Record

July 23, 2007

City of Newburgh — Lex Filipowski took his 21-foot Larson Cuddy motorboat out for a jaunt last weekend. It was a bright, hot Saturday. Perfect.

He left from White's Marina in New Hamburg, on the east bank of the Hudson River, and puttered south about 30 minutes toward Gully's, a moored boat-turned-bar and restaurant on the Newburgh waterfront.

As he pulled up to the docks, he was stopped by the Stony Point Park Police, who wanted to see his license and registration, take his phone number and perform a routine safety check of his boat.

There's a checklist of equipment all vessels are required, by law, to have on board: flares, a yellow distress flag, life jackets, a fire extinguisher. Everything aboard Filipowski's boat was in order, so he was soon on his way to lunch at Gully's.

After lunch, on his way to nearby Bannerman Island, he was stopped again, this time by the Dutchess County Sheriff's Office. Like the last agency, the police said they were performing spot safety checks. When Filipowski told them he had had one a couple of hours ago, they let him continue on his way.

The same thing happened the following day, as he headed for Cold Spring. He was stopped once by the Putnam County Sheriff's Office, then again by the U.S. Coast Guard, at a large safety checkpoint. "I don't feel singled out," he said. "They were stopping everyone around me, too."

But by the end of the weekend, after being issued no tickets, Filipowski said he felt as if he'd captained his way through Nazi Germany, showing his papers at the whim of the boats with the badges.

"This is reverse terrorism," he said. "This is supposed to be a free society, not a police state."

A growing number of pleasure boaters and marina owners are complaining that law enforcement on the Hudson has gone overboard this summer.

One local boating enthusiast who asked not to be identified said he's heard an increasing chorus of complaints from local boat owners about the police enforcement. As steep gas prices drive many boaters off the water, some argue that police units are now tripping over one another performing basic operations.

More than 20 agencies patrol the Hudson from the Big Apple to the state capital. They include the U.S. Coast Guard and the Department of Environmental Conservation, as well as county sheriffs, city cops and local fire departments.

"Since 9/11, every agency, it seems, has deemed it necessary to buy a boat," said Frederick Duchesne, operations officer for the Coast Guard Auxiliary flotilla in Balmville. He's been a volunteer there for two decades.

"I think (the river) is top-heavy with patrols," he said. "There's more security out on the water than I've ever seen."

Authorities counter that there's plenty to secure along the riverbanks. The 50-mile stretch between the Mid-Hudson Bridge, linking Dutchess and Ulster counties, and the Tappan Zee Bridge, hooking Westchester to Rockland, boasts a bevy of potential terrorist targets: power plants and factories, freight and commuter rail lines, the United States Military Academy and tourist attractions.

Sgt. Tom Mallon, head of the Orange County Sheriff Department's Marine Unit, said his officers routinely monitor potential terrorism targets but spend most of their time watching for poorly navigated or ill-equipped vessels. They also assist with search-and-rescue missions, as they did last week when a woman jumped off the Newburgh-Beacon Bridge, and they sometimes provide security for special events, like regattas or swims.

"Most people are very happy to see somebody out there," said Mallon. His department uses an all-weather enclosed-cabin 25-foot Parker, built for 12 people and equipped with Breathalyzers, sonar, radar, underwater cameras, radiation detection equipment and thermal imaging. "You have to plan ahead," he said, "for worst-case scenarios."

Filipowski said the police were simply doing their jobs, but he resents what he views as another example of the slow, incremental chipping away of the American way of life. Like vehicle traffic stops, or long lines at the airport, Filipowski said his leisure time on the water feels compromised.

"That's what the terrorists want," he said, "to disrupt every day life."

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There was a coordinated safety patrol of the Hudson River a couple of weekends ago. The US Coast Guard and local law enforcement marine units did a joint safety/enforcement operation and interestingly enough - nobody went overboard THAT weekend. This weekend of course, we had a couple of incidents on the river. Maybe they had the right idea!!!

Same thing as the State Police blitzing the Sprain or 684 for a day or two to crack down on speeders or a DWI checkpoint - this one was just on the water.

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Does this happen on Long Island Sound, or does this just happen on the hudson river? I remember the Sound being very congested during the summer months and even the fall.

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That reporter did a real good job missing the point. The USCG conducted joint vessel boarding training under a new federal program with the south river PD's late last week and the Dept's up north after. I guess the Nazi Germany quote is more journalistically appealing.

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Between the boating accidents and people falling or jumping off bridges, it's probably not such a bad thing, not to mention making sure that the boats are properly equipped.

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It goes to show you that journalism is a one sided media. They are not supposed to express opinion, just report the facts and allow the readers to come to their own conclusion/opinion! If they had asked the USCG or any of the PD's involved in this operation then they would have the whole story and disseminate things accurately rather than make the police out to be the enemy once again. Safety is not first on anyone's mind until after the fact! Then they want to know why more patrols weren't available to prevent tragedies from occurring...IRONIC!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Boating safety is important, especially if the people on the boat don't know how to SWIM! Checking boats for equipment such as life vests and flares, people should be happy that someone is concerned for their life. They did not place a drug sniffing K9 or bomb sniffing K9 on any boats as if people were guilty of something! Done!

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I'm going to step out on a limb here and even though the article is heavy handed there has been a huge increase in the presence of LE on the water the last couple years. This has been accompanied by an increase in safety checks. My best for one day is three and almost never go a day on the weekend where I don't get checked. Maybe we can keep the spot checks within the Marinas or at pre-chosen sections of the river. That being said I'm glad to see all the LE boats out there. There' definitely been a decrease in stupidity out there and the response to incidents is much better.

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How about the State employ a Marine safety inspection plan that includes handing out stickers to local LE throughout the state that they can place on boats with a date of when the Safety check was done. Sort of like our current NYS Inspection stickers for cars. Color coded for years. Placed on boat near reg ID, large enough to see from 20-30 feet without a problem. Then stops can occur less frequently and not be so bothersome to boaters. Understandably, cars aren't stopped that often for safety inspections. If not on the State level, then maybe the region (Hudson Valley, LI Sound, NYC, Finger Lakes...you get the point).

Edited by Oswegowind

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I'll take this from an Ex-Coastie point of view. Summer equals lots of boats on the water. Some are possibly unsafe to operate, others could potentially be piloted by people under the influence. Add a healthy sprinkling of jumpers. Throw in the added spectre of terrorist targets, such as commercial vessel traffic, or Indian Point. People may not like the inconvenience of being stopped, but they should at least be thankful somebody is out there looking out for them.

Now here's an idea. This would make it so someone isn't repeatedly stopped. Why not have the local cops, or CG give the person a ticket stating they were boarded and inspected, so the boater isn't held up. Show the ticket, go off on your merry way. It would probably stop the issue of being boarded two or three times.

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How about the State employ a Marine safety inspection plan that includes handing out stickers to local LE throughout the state that they can place on boats with a date of when the Safety check was done. Sort of like our current NYS Inspection stickers for cars. Color coded for years. Placed on boat near reg ID, large enough to see from 20-30 feet without a problem. Then stops can occur less frequently and not be so bothersome to boaters. Understandably, cars aren't stopped that often for safety inspections. If not on the State level, then maybe the region (Hudson Valley, LI Sound, NYC, Finger Lakes...you get the point).

They do safety checks to make sure that there are enough LIFE PRESERVERS for everyone on the vessell and for the obvious other reasons. Because somebody gets an inspection sticker on their boat doesn't mean that they have all the necessary equipment. Your car gets inspected every year but sometimes in the course of the year your car could fail a normal inspection. Of course LE doens't stop every car to see if their inspection is done but when roadblocks are set up for SEAT BELTS you are also checking the REG and INSPECTION.

I think it is great that these boater are getting stopped. Maybe if the different AGENCIES operated on 1 MARINE channell they could share the info of who they already stopped so that it wouldn't happen too many times. BWI happens very often and they could be checking that over the course of a NICE HOT DAY.

I was watching this show on COURT TV. I think it was WILD ON THE WATER about boating stuff. Pretty good. Used to be on MON nights not sure where it is now.

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On Saturday I was at the Cold Spring Boat Club and watched 15 kids and 5 adults get off a 28' boat. That was way too many people for that boat. That is what should be stopped and issued tickets for or all the boating while intoxicated drivers out there.

People always b**** theres too many cops out there until they need one. It's the same for marine patrols. We have been really lucky that their have not been any major maritime disasters on the Hudson above NYC.

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So let me see if I got this straight.

The cops can stop your boat and board you as they please? And they just call it a random saftey check?

Don't you have to be doing something wrong to be "pulled over"?

Invasion of privacy....Probably not, but sounds weird none the less.

Thanks,

Confused non-boater...

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A boater can be stopped by the Police for a safety check at any time. They'll simply ask to see the required equipment under the Navigation Law. To actually board a boat and conduct an inspection falls under Search and Seizure Laws and Probable Cause and all that great stuff. You do not have to be doing something wrong to be stopped. But if a boater is, it's easier to conduct an actual boarding and search.

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I'm glad there is a larger Police presence on the River. From the shore in our area I watch a lot of stupid stuff happen. The Croton Point area is PACKED on nicer days and weekends, I can only imagine how many of those people on these boats are intox.

Keep up the good work!

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It is true the current force and "safety checks" on the river and the sound have jump 50 fold from last year. I have been on the river for over 10 years now and the only thing close to a police or maned rescue boat was out of fort Totten and also Sea tow out of Haverstraw at the time. Yes these inspection are getting out of control but they have to do with federal funding and homeland security grants. Thats why your seeing a surge in police boats in westchester county in general.

The Coast Guard Aux. offfers a free bow to stern safety inspection that usually can take an hour or two by dockside and also by appointment by the owner of the vessel. Once the vessel has passed inspection they issue a rather large decal (6" in diameter) stating they vessel passed, date, and coast guard logo. Among the things they check for are expiration dates on flares is key. Also depending on the size and area of operation you may need orange smoke, life jackets with lights and whistle (always good no matter what), fire extinguisher, first aid kit, hand pump/bailer, anchor w/chain min two, sea anchor, flashlights, lifering(s), liferaft, EPIRB (Emergency Pistion Indicating Radio Beacon), VHF-Liferaft radio, SART (Search And Rescue Transponder), Cold water survival suit.

Now here is the real question are they stopping commerical traffic??? Thats where the true threat lies. Granted they have to meet higher standards. Seems like they are just targeting smaller personal craft, if your going to do safety check why not have a Moran or Buchard tug heave-to for a boarding and safety inspection.

Granted this year there also have been more "emergencies" on the river. I quote this because most of the boating incidents this year seem to be related to lack of knowlegde of vessel operations on behalf of the operators. I agree the state should do something about this but I never felt that it should fall on the state's shoulders but the Coast Guard's. There should be a 8 hour safety class and basic navigation/rules of the road for all personal watercraft.

Brian

-Licensed Third Mate Unlimited Tonnage

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