D.Del.: Coast Guard’s search of a ship after failure of an oily water test was reasonable under the 4A

The Coast Guard boarded a Bahamian ship when it arrived in port in Delaware to inspect its potential for oil discharge and pollution. At issue was the oily water separator which was observed in operation, and this led to the ship’s owners indictment. The owner moved to suppress the inspection. “If a Coast Guard official develops a reasonable suspicion of criminal activity during a safety and document inspection, she may search the vessel without a warrant. United States v. Varlack Ventures, Inc., 149 F.3d 212,217 (3d Cir. 1998).” The limited inspection provided that. United States v. Chartworld Shipping Corp., 2019 U.S. Dist. LEXIS 158609 (D. Del. Sept. 11, 2019).

Defendant drove into a crowd of people, backed up and tried to drive off and ran into a car. He was stopped for suspicion of DUI. He gave actual consent to the blood test, and application of Birchfield doesn’t have to be addressed. People v. Nzolameso, 2019 Cal. App. LEXIS 878 (2d Dist. Sept. 17, 2019),* modified, 2019 Cal. App. LEXIS 956 (2d Dist. Oct. 1, 2019).*

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