Tempers Flare Over GPS on Watermen's Boats

[swimfaster02]

Tempers Flare Over Tracking Devices on Watermen's Boats
Story posted 2012.01.27 at 04:09 PM EST

ANNAPOLIS, Md.- Tempers flared at Friday's Eastern Shore Delegation meeting in Annapolis, where lawmakers sparred with Maryland Department of Natural Resources officials over tracking devices the DNR placed on the boats of several watermen.

A year ago, several Dorchester County watermen found a tracking device underneath the sterns of their boats. DNR Secretary John Griffin admitted to placing the devices on the vessels to monitor any illegal activity. He said his department had warrants for the devices.

"We followed all lawful procedures, including securing search warrants from courts," Griffin said.

However, the DNR has refused to show the warrants to lawmakers.

"Here we are a year later, we still don't know what judge issued the warrant to authorize the tracking devices to be installed," said Sen. Richard Colburn, a Republican who represents Caroline, Dorchester, Talbot and Wicomico counties.

"They (DNR) say trust us, we are looking out for your best interest, we're doing everything constitutionally, and yet they will not provide any documentation that they followed the constitution," said Del. Michael Smigiel Jr., a Republican who represents Cecil County.

Earlier this week, the U.S. Supreme Court ruled that court authorization is necessary to place tracking devices on cars. Colburn believes that ruling also applies to boats.

Scott Todd, who serves as president of the Dorchester Seafood Harvesters Association, thinks the DNR's investigation of watermen has been a waste of time and money.

"It would be a much better use of the state's resources to put these black boxes on murderers, drug addicts, thieves and drug dealers, than just somebody who is looking for a fish," he said.

Probable cause needs to be established in order to obtain a search warrant. Probable cause statements and warrants are public records after they are returned to the court.

Delegates also asked Griffin times to produce the probable cause statements for the warrants his department obtained, but as with the warrants, he has refused to show them.


Story posted 2012.01.27 at 04:09 PM EST

[merogers]

Poachers are thieves. People who sell poached fish/game are dealers. People who buy it are addicts/users. Murderers are in prison. If there's not a problem, then why be afraid of tracking devices? Might show that they stopped at an oyster reef in Tangier sound for a couple of hours to take a piss?

[27 sailfish]

IMHO - Sen. Colburn is no friend of the bay.

I think we should all keep pressure on DNR to put GPS trackers on commercial boats.

Take a minute to think why there is so much fight against the simple device - it will reduce poaching by letting DNR know where boats are.

Hell , just heard the other day - think Montgomery county , allows you to view the snow plow progress on your computer via GPS tracker.

Sad when you can track a snow plow better then a convicted poacher.

[kidz]

I for one am glad that Scot Todd is loking out for the citizens of MD. Black boxes on the bad guys,I guess the ones with prior convictions. Wait a minute, weren't there a bunch of waterman with prior convictions who steal, deal, and break other laws. Someone tell me what the difference is? Would Mr Todd be looking out for his own special interests? Hope the DNR had warrants, it would set back all the good they have done up to this point. Legally placed GPS systems would curtail the illegal escapades from happening.

[h2oboss]

Scott Todd, who serves as president of the Dorchester Seafood Harvesters Association, thinks the DNR's investigation of watermen has been a waste of time and money........imagine that the president of the seafood harvest association thinks it is a waste of money to investigate watermen......WOW, I'm shocked

As for Sen. Colburn....votes and thats all

PERFECT example of the G.O.B.N....

No problem with legal harvests...for christ sake I can even understand a few over here and there b/c mistakes happen.....but the repetative and obviouss nature of some these poachers is rediculous......and they are btiching about tracking devices, they're lucky they don't have tracking devices on their ankles instead of their boats.

As for the warrent issue, I got a bad feeling......lets hope it's all on the up and up. just think of all the gear they could buy when they got done with there civil rights suit

[mollot]

article said they had warrants. judge thought they had probable cause. what more do they want?

[buckshotgumbo]

Box on every boat I don't agree with. On convicted offenders? Why not? No difference than a blow & go in a convicted drunk drivers car, as far as I'm concerned.

[shaddart2004]

HELLO!!! I think the issue here is that Griffin is not producing documents to prove that it was a legal action by NRP.Holy cow!!! Why would he refuse to show state lawmakers,representatives of the people simple documents to prove his department acted professionally and within the confines of the law.Thank GOD we have a few delegates with enough sense to call his shady tail out on the carpet.This could and should be a HUGE lawsuit if citizens rights were violated even if they were suspected or previous poachers.WTH?

[Capt.Nick]

I doubt they're just picking on law abiding citizens nor will they be using thousands of GPS units to protect "Our' fishery from being robbed.They didn't pick these guy names from a hat.They had a reason.

[TomGlenBurnie]

Shaddart 2004 I have an opinion also. Usually I try to be patient, but you have again
crossed the line.

The issue here is POACHING, don't try to change the subject.
Mr. Griffin is doing his job protecting the bay, and I for one am very grateful.

Granger's opinion is that this post [ and others that I have seen ] shows your obvious bias
toward looking the "other way", regarding the rampant poaching in Maryland.
You sir seem to be a lobbyist for the poachers. Your post [s] show that you are
no friend of the oysters.

You accuse Mr. Griffin of being shady,
that is an unkind thing to say, Produce some evidence sir, or be labeled as a slanderer.
Your behavior sir is today uncivil .

The fourth ammendment does not require that the warrant be put into the newspaper.
Perhaps it is a female Judge with young children, we have a lot of smart women Judges these days.
Many Judges spent years [ like my hero Rudy ] in the states attorney's office, prosecuting criminals like the poachers.
They know quite well what probable cause is.
She [ the Judge ] could be reasonably concerned that some
person might bother her children.
I am a little worried, since my address is well known.
How would a cultured and fragile lady feel??????????

There are about 60 lovely gorgeous words below, Shakespeare could not have done better:

The right of the people to be secure
in their persons, houses, papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue,
but upon probable cause, supported by Oath or affirmation, and particularly describing
the place to be searched, and the persons or things to be seized.

The above fourth ammendment was penned by immortal americans, who knew by violent
experience what it was to be oppressed.
The poachers have not been violated [ your word ], in fact they are violating Maryland
by raping our rivers, and stealing from the honest watermen.

In the winter they steal Oysters, the rest of the year they steal fish from the citizens of maryland.

In America Mr. Griffin is assumed not shady, until proven shady, by real objective, tangible,
convincing evidence. Your words shaddart 2004, are unfair and unkind.

Mr. Griffin and his DNR are not stupid, They have probable cause,
and they have a warrant. You do not have a need to know who signed the Warrant.
Griffin is in that position because he is executive material, the Governor trusts him, and I do also.

The issue here is poachers , leave Mr. Griffin alone.

opinion of tom granger esq tomgranger@comcast.net