Pubdate: Tue, 10 Jul 2001
Source: National Review Online (US Web)
Copyright: 2001 National Review
Contact: http://www.nationalreview.com/letters/send_NRO-letters.shtml
Website: http://www.nationalreview.com/
Author: Dave Kopel, Mike Krause
Note Kopel is an NRO Columnist, research director at Independence 
Institute, and chapter author in Cato Institute book "After Prohibition - 
An Adult Approach To Drug Policy In The Twenty-first Century"; Krause is 
research associate with Independence Institute and U.S. Coast Guard veteran 
who served as boat coxswain for drug patrols in Caribbean Sea
Note: Exception for Web published column made by MAP Editor based on content

THE PROHIBITIONIST'S BURDEN

Congress Has Repealed The Fourth Amendment For Everyone On A Ship

On May 3rd, the U.S. Coast Guard boarded the Belize ship Svesda Maru in 
international waters, seized over 26,000 pounds of cocaine, and the crew 
into the United States for prosecution. The bust was hailed as the largest 
maritime drug seizure ever and is sure to be used by some as evidence that 
we are winning the war on drugs. Actually, it's better evidence that 
imperialism is one of the side effects of the U.S. government's addiction 
to the drug war.

Over the last five years, the Coast Guard has been involved in the seizure 
of over 490,000 pounds of cocaine with value of over 17 billion dollars, 
not counting the latest seizure. Yet today in America, cocaine is cheaper 
and purer than it was 15 years ago.

In 1997, the Coast Guard claimed a 16% cocaine seizure rate. The U.S. 
National Drug Control Strategy calls for reducing the supply of cocaine by 
25% in 2002 and by 50% in 2007 -- but this is like a Soviet five-year 
economic plan which promised to double steel production and triple grain 
harvests. What the Svesda Maru bust suggests is that more cocaine is 
actually getting through than ever before. The more drug shipments carrying 
more cocaine, the more ships for the Coast Guard to catch.

The Svesda Maru was spotted by a U.S. Customs airplane, stopped by a U.S. 
Navy Guided Missile Frigate some 1,500 miles from U.S. shores and boarded 
by an accompanying Coast Guard Law Enforcement Detachment (LEDET) who 
searched the ship for five days before being relieved by an actual Coast 
Guard Cutter, whose crew found the drugs.

The U.S. Code (Title 14, sect. 89) gives the Coast Guard the authority to 
"At any time, to go on board of any vessel subject to the jurisdiction, or 
to the operation of any law, of the United States, address inquiries to 
those on board, examine the ships documents and examine, inspect and search 
the vessel..." In other words, Congress has repealed the Fourth Amendment 
for everyone on a ship.

The Coast Guard can come onboard and snoop around whenever it wants. 
Recreational boaters in coastal waters tell numerous stories about the 
Coast Guard inviting itself onto fishing boats, sailing sloops, and every 
other kind of boat, in order to start looking about for a stray joint, as a 
pretext to seize ship. Federal forfeiture laws promote this form of 
legalized piracy.

But how did the Navy get involved in this? What about the federal law (the 
Posse Comitatus Act) which forbids the military to participate in law 
enforcement? What about the principle that turning the military into a 
police agency is a disaster for freedom and due process -- as many other 
countries have learned the hard way?

During peacetime, the Coast Guard is part of the Department of 
Transportation, not part of the Navy. So the Coast Guard doesn't have to 
obey the Posse Comitatus Act. Thus, what the Navy does is put some Coast 
Guard personnel on Navy ships. Then, when U.S. Navy guided missile frigate 
wants to stop being a warship and become a world's police cruiser, it 
hoists a Coast Guard flag, and magically become a legitimate law 
enforcement platform.

"Coast Guard" naval operations have put the Coast Guard very far from 
America's coast: in Ecuador, Guatemala, and even on the rivers of 
land-locked Bolivia. (Likewise, the United States Border Patrol has also 
been sent to Bolivia.) The Coast Guard gets the credit for the bust, but it 
is the Navy and the Navy's drug interdiction budget that runs the drug war 
at sea.

One of the authors, Mike Krause, served in the Coast Guard from 1989-1991, 
including five joint agency Caribbean patrols on the Coast Guard Cutter 
Hamilton. If the Hamilton wanted to board a foreign vessel in international 
waters to look for drugs, the crew would simply ask. Now why would the 
master of a ship, outside U.S. territorial waters, consent to the U.S. 
Navy/Coast Guard boarding his ship? Because it is more coercion than consent.

The Hamilton was 378-feet long and in addition to her main 3-inch gun and 
an array of M-60 machine gun mounts, she carried six harpoon missiles on 
her bow. The captain of a ship in the middle of the ocean would be 
hard-pressed to turn down a request from a warship capable of blowing him 
out of the water. This would be similar to a squad of police on your front 
porch pointing guns in your general direction, then "asking" to come inside 
and look around.

But even if a ship's captain refused, it really doesn't matter. The Coast 
Guard already has blanket permission from some nations to board foreign 
flagged ships.

The Svesda Maru was caught in the "Transit Zone", a six million square mile 
area that includes the Caribbean Sea, the Gulf of Mexico, and the Eastern 
Pacific Ocean, over which the U.S. seeks to enforce international 
anti-smuggling laws, even over foreign vessels and in cooperating nations' 
sovereign waters.

Testifying before Congress in 1999, Coast Guard Rear Admiral Ernest Riutta 
explained that Article 17 of the 1988 United Nations Convention against 
Illicit Traffic in Narcotic Drugs and Psycotropic Substances requires 
"cooperation to the fullest extent possible to suppress illicit traffic by 
sea, in conformity with the international law of the sea."

Article 17 is the basis for U.S. agreements with nations within the "zone," 
which give the U.S. authority to board and search vessels of a signatory 
nation in international waters and to pursue, stop and search vessels in 
sovereign waters. About two dozen nations, including Belize have signed 
such agreements with the U.S.

But is Belize a cooperating nation, or simply afraid of being on the bad 
side of the U.S.? In 1999, Belize was removed from the State Department's 
list of major drug-transit countries. This is important because it eases 
the threat of being decertified as a cooperating nation and potential loss 
of U.S. backed international development aid. ("Development aid" is often a 
euphemism for money taken from U.S. taxpayers and given to corrupt 
governments and their local allies. Only a small fraction of development 
aid benefits poor people in the recipient country.)

According to the State Dept. Narcotics report, U.S. tax dollars have gone 
to train Belize's' new Counter Narcotics Task Force, renovation of the 
Belize City Police Station, the forming of a Joint Information Coordination 
Center in Belize and a Police Canine Unit. Allowing their rich Uncle Sam to 
board and seize their ships seems the least they can do.

But while the Coast Guard (and the Navy and the Customs Service) are busy 
policing the waters of supposedly sovereign nations, who is looking after 
the U.S. shores? All those Coast Guard personnel in non-coastal Bolivia or 
in the waters of Belize aren't available to help victims of boating 
accidents, contain oil spills, or perform the other duties of an agency 
whose job is to guard the American coast, not to patrol the jungles of Bolivia.

And while Latin American governments have always been eager to surrender 
their sovereignty in exchange for American government money that goes 
straight into their pockets, the innocent people of Latin America -- the 
ones who find U.S. Navy cannons pointed at them, and whose fishing boats 
get searched for hours or days while the "Coast" Guard searches for drugs 
and fish go somewhere else -- may begin to wonder why they are being 
subjected to American military law enforcement in a futile effort to 
prevent some Americans from consuming politically incorrect substances.
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