Ferry Search

[jbirds1210]

Random searches are now being conducted while boarding the Bolivar Ferry. To the best of my understanding, these searches are done by the authority of The U.S. Department of Homland Security.

From what I have read, TXDOT employees are doing the searches, but I am not completely clear on this. If searches are a mandatory condition of boarding the ferry, are CHL holders obligated to give their CHL to a person that is not a licensed peace officer? I am speakng of a hypothetical situation in which they might ask for your ID for some reason.

Link to story about random searches:
http://news.galvestondailynews.com/stor ... f0e9e3ee19

[one eyed fatman]

From what I have heard you will be able to carry your weapon on the ferry if you have a CHL.

[jbirds1210]

I did not think that we would not be able to carry,whew..that would stink...I am just wondering if we are obligated to show our license to someone "acting" in the position of law enforcement. I do not mean for that to sound negative, but do they require the same actions as licensed LE? Thanks.

[txinvestigator]

I did not think that we would not be able to carry,whew..that would stink...I am just wondering if we are obligated to show our license to someone "acting" in the position of law enforcement. I do not mean for that to sound negative, but do they require the same actions as licensed LE? Thanks.

No, you are only required by law to show your CHL to a Peace Officer or Magistrate when the PO or Magistrate demands that you ID yourself.

TXDOT ferry boat workers are not peace officers;


WARNING! A HUGE AMOUNT OF INFORMATION FOLLOWS;



Texas Code of Criminal Procedure
Art. 2.12. Who are peace officers.

The following are peace officers:

(1) sheriffs, their deputies, and those reserve deputies who
hold a permanent peace officer license issued under Chapter 1701,
Occupations Code;

(2) constables, deputy constables, and those reserve deputy
constables who hold a permanent peace officer license issued under
Chapter 1701, Occupations Code;

(3) marshals or police officers of an incorporated city,
town, or village, and those reserve municipal police officers who hold
a permanent peace officer license issued under Chapter 1701,
Occupations Code;

(4) rangers and officers commissioned by the Public Safety
Commission and the Director of the Department of Public Safety;

(5) investigators of the district attorneys', criminal
district attorneys', and county attorneys' offices;

(6) law enforcement agents of the Texas Alcoholic Beverage
Commission;

(7) each member of an arson investigating unit commissioned
by a city, a county, or the state;

(8) officers commissioned under Section 37.081, Education
Code, or Subchapter E, Chapter 51, Education Code;

(9) officers commissioned by the General Services
Commission;

(10) law enforcement officers commissioned by the Parks and
Wildlife Commission;

(11) airport police officers commissioned by a city with a
population of more than 1.18 million that operates an airport that
serves commercial air carriers;

(12) airport security personnel commissioned as peace
officers by the governing body of any political subdivision of this
state, other than a city described by Subdivision (11), that operates
an airport that serves commercial air carriers;

(13) municipal park and recreational patrolmen and security
officers;

(14) security officers and investigators commissioned as
peace officers by the comptroller;

(15) officers commissioned by a water control and improvement
district under Section 49.216, Water Code;

(16) officers commissioned by a board of trustees under
Chapter 54, Transportation Code;

(17) investigators commissioned by the Texas State Board of
Medical Examiners;

(18) officers commissioned by the board of managers of the
Dallas County Hospital District, the Tarrant County Hospital
District, or the Bexar County Hospital District under Section
281.057, Health and Safety Code;

(19) county park rangers commissioned under Subchapter E,
Chapter 351, Local Government Code;

(20) investigators employed by the Texas Racing Commission;

(21) officers commissioned under Chapter 554, Occupations
Code;

(22) officers commissioned by the governing body of a
metropolitan rapid transit authority under Section 451.108,
Transportation Code, or by a regional transportation authority under
Section 452.110, Transportation Code;

(23) investigators commissioned by the attorney general under
Section 402.009, Government Code;

(24) security officers and investigators commissioned as
peace officers under Chapter 466, Government Code;

(25) an officer employed by the Texas Department of Health
under Section 431.2471, Health and Safety Code;

(26) officers appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;

(27) officers commissioned by the state fire marshal under
Chapter 417, Government Code;

(28) an investigator commissioned by the commissioner of
insurance under Article 1.10D, Insurance Code;

(29) apprehension specialists commissioned by the Texas Youth
Commission as officers under Section 61.0931, Human Resources Code;

(30) officers appointed by the executive director of the
Texas Department of Criminal Justice under Section 493.019,
Government Code;

(31) investigators commissioned by the Commission on Law
Enforcement Officer Standards and Education under Section 1701.160,
Occupations Code;

(32) commission investigators commissioned by the Texas
Commission on Private Security under Section 1702.061(f),
Occupations Code;

(33) the fire marshal and any officers, inspectors, or
investigators commissioned by an emergency services district under
Chapter 775, Health and Safety Code; and

(34) officers commissioned by the State Board of Dental
Examiners under Section 254.013, Occupations Code, subject to the
limitations imposed by that section.

[jbirds1210]

Thank you for the info...I do appreciate it. I was wondering if Homeland Security had given these guys/gals any special privileges or status in situations like this. Have a great evening.
Jason

[seamusTX]

From what I have read, TXDOT employees are doing the searches, but I am not completely clear on this.

The article that you referred to says, "The screenings began June 6, with vehicle checks performed by the security firm SeaWolf Marine Patrol." Earlier articles in the same paper said the same thing. So does this press release: http://www.dot.state.tx.us/news/local_n ... 1-2006.htm.

This is a private company, not TXDOT employees.

What they will do with someone or something that they think is illlegal is up in the air. They are not law enforcment. It will be a field day for lawyers.

- Jim

[jbirds1210]

Yes, I noticed that while scanning it the second time. Thanks...I think I will just stay away from the ferry...I would prefer that a "security team" stay out of my belongings without a reason to search them. I realize that this is pure personal preference and I am sure those guys are doing a wonderful job, not to mention the HEAT they are working in. Take care and thanks for the informatin.
Jason

[txinvestigator]

From what I have read, TXDOT employees are doing the searches, but I am not completely clear on this.

The article that you referred to says, "The screenings began June 6, with vehicle checks performed by the security firm SeaWolf Marine Patrol." Earlier articles in the same paper said the same thing. So does this press release: http://www.dot.state.tx.us/news/local_n ... 1-2006.htm.

This is a private company, not TXDOT employees.

What they will do with someone or something that they think is illlegal is up in the air. They are not law enforcment. It will be a field day for lawyers.

- Jim

Humm. Seawolf is a licensed guard company out of Amarillo, with an office in Highland, TX.

They can arrest for any Felony or breach of the public peace committed in their presence or view. The right to search is limited to a voluntary search as a condition of entrance to the ferry.

We might be going to Cristal Beach this summer. Isn't that the ferry between Galveston and Cristal Beach?

[seamusTX]

Seawolf is a licensed guard company out of Amarillo, with an office in Highland, TX.

They can arrest for any Felony or breach of the public peace committed in their presence or view....

I'm not familiar with that classification (seriously). What can they do about something that might be pot or oregano?

I have a wicked impulse to see if their dogs can sniff the 100 or so shotgun hulls in my trunk. I haven't done it because I'm busy with work.

We might be going to Cristal Beach this summer. Isn't that the ferry between Galveston and Cristal Beach?

Crystal Beach, yes. Otherwise go by land on I-10 and state route 87.

- Jim

[Photoman]

I did not think that we would not be able to carry,whew..that would stink...I am just wondering if we are obligated to show our license to someone "acting" in the position of law enforcement. I do not mean for that to sound negative, but do they require the same actions as licensed LE? Thanks.

No, you are only required by law to show your CHL to a Peace Officer or Magistrate when the PO or Magistrate demands that you ID yourself.

TXDOT ferry boat workers are not peace officers;


WARNING! A HUGE AMOUNT OF INFORMATION FOLLOWS;

Gadzooks! Those lawyers sure know how to make things complicated!

[Diode]

I guess if they ask me for ID, I'll ask them if they are a peace officer. That should determine if I give him 1 or 2 id's

[longtooth]

Good answer. Why didn't I think of that one. OH well, I have never come up w/ anything original. I was taught everything I know from the day I was born.

[Kalrog]

I guess if they ask me for ID, I'll ask them if they are a peace officer. That should determine if I give him 1 or 2 id's

Great solution - as long as they know the difference as defined by state law. And they relay the information correctly.

[txinvestigator]

I guess if they ask me for ID, I'll ask them if they are a peace officer. That should determine if I give him 1 or 2 id's

Great solution - as long as they know the difference as defined by state law. And they relay the information correctly.

Thats the problem.

The guards that are employeed by Seawolf ARE NOT PEACE OFFICERS. Ferry deck hands are not peace officers.

[Diode]

I guess if they ask me for ID, I'll ask them if they are a peace officer. That should determine if I give him 1 or 2 id's

Great solution - as long as they know the difference as defined by state law. And they relay the information correctly.

Thats the problem.

The guards that are employeed by Seawolf ARE NOT PEACE OFFICERS. Ferry deck hands are not peace officers.

One would hope that they know they are not Police Officers!