Legal Question in Civil Rights Law in California

If my family and I lived full time on a yacht and I have no living quarters in any way shape or form on land, anywhere, do the same search and seisure, privacy, defence of domicile laws etc apply to me in the same way it does to a person who lives on land? I guess what I'm looking for is whether or not I would continue to enjoy the same expectation of privacy then as I do in my home currently? I know that many of the freedoms listed above do not extend to a vehicle. Say for instance I wanted to winter in Hawaii and while enroute, the coast guard or navy decides to board my yacht for whatever reason, what rights and freedoms are afforded to me if this yacht was my permanent domicile?


Asked on 1/29/10, 11:14 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Within the territorial waters of the US, meaning within a 200-mile limit, the US Coast Guard may board and search your vessel for any reason, just as customs agents may search your bags for any reason when you enter the US. It's anybody's guess how probable or improbable it is that you would be boarded or searched enroute from the US mainland to Hawaii. You could try asking someone who is a member of the Coast Guard.

While your vessel may be your "permanent domicile," the law affords less protection from searches to mobile residences than fixed ones. For example, RV full-timers do not have as much 4th Amendment protection as do campers occupying tents.

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Answered on 2/03/10, 11:31 am


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