A very interesting case was argued recently before the Commonwealth of Pennsylvania Superior Court over a $75 fine issued to a boater for not having enough life jackets aboard his boat. The issue before the court, however, was not life jackets, but the right to be secure against unreasonable searches and seizures, as guaranteed by the Fourth Amendment to the US Constitution.

It all began in May of 2016, when Fred Karash and four friends were enjoying a boat trip on Lake Erie on Fred’s 23-foot cabin cruiser. Without warning, they were boarded by law enforcement officers and detained for an hour, while Fred’s boat was searched. The officers admitted they had no reason to suspect the boaters had violated any law or regulation but claimed the right under state law to search any boat at any time on any Pennsylvania waterway in order to conduct a “safety inspection.” As it turned out Fred had all the required safety equipment aboard but was short one life jacket. The officers issued a ticket for $75 and sent Fred and his friends on their way. 

Now, most would have simply paid the ticket, while perhaps uttering a few choice curse words beneath their breath. Fred Karash chose another course. He sued the State of Pennsylvania on the grounds that the claimed unlimited right search violated the Fourth Amendment which required probable cause, as a minimum. Fred represented himself and finally won in front of a three-judge panel of the Pennsylvania Superior Court, which ruled that the search was unconstitutional. His victory was impressive, not the least because, he referred to the Commonwealth officers as “dirtbag usurpers” in his filing.  

The ruling did not sit well with the Pennsylvania Fish and Boat Commission, which asked that the entire Superior Court hear the case. The court agreed, meaning that the original decision of the three-judge panel was vacated and a nine-judge panel of the court would hear the case. The case was argued last week by the ACLU, on behalf of Fred, before the Superior Court.  A ruling will be forthcoming.