United States v. Peter Malcolm Davis

Peter Malcolm Davis appeals his convictions for possession of, and conspiracy to possess, marijuana on a vessel subject to the jurisdiction of the United States with intent to distribute in violation of the Maritime Drug Law Enforcement Act, 46 U.S.C. app. §§ 1903(a), 1903® (Supp.IV 1986). The Coast Guard apprehended Davis on the high seas and he contests application of the Maritime Drug Law Enforcement Act to him. Furthermore, he alleges that the Coast Guard searched and seized his vessel in violation of the fourth amendment.

I. FACTS AND PROCEEDINGS

On June 15,1987, the Coast Guard cutter Cape Romain encountered the Myth of Ecurie (“Myth”), approximately 35 miles southwest of Point Reyes, California. The Myth is a sailing vessel approximately 58 feet in length. The Myth was headed in the direction of San Francisco. The Cape Romain approached the Myth, and Coast Guard personnel by radio requested permission to board. Peter Davis, the captain of the Myth, denied the request. He stated that the Coast Guard had no authority to board his boat because it was of British registry and was sailing on the high seas having departed from Hong Kong. Captain Davis announced his intention to…