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TX_Jim wrote:Do they (LE) have the right to board and conduct safety searches...i.e. counting up lifevest and etc. And if during that search or safety stop...they find a firearm....would it still be considered inadmissiable?

I have no idea.

- Jim

Keith B wrote:I think a houseboat would be considered a recreational vehicle and fall under the 'premises' guideline only.

Recreational vehicle by itself is not defined in the transportation code. (It does define towable recreational vehicle.) Therefore we're back to the question of whether a boat is a vehicle.

I should point out that searching a boat without a warrant would probably be a defective search, and even if something illegal were found, it could not be admitted to evidence.

With a boat, you can also easily avoid the "on or about one's person" element of unlawful carry most of the time.

- Jim

Thanks, but please don't ever take my word for anything as legal advice.

I agree that debate is educational. Even members of the U.S. Supreme Court can't agree on the law. How many of their decisions are 5-4?

- Jim

mcub wrote:Even more interesting, what if you are living on your motorboat? and call it your home.

That would get into case law about what premises and residence mean under the law. That stuff gets really complicated, and I suppose that's why lawyers have jobs.

One can certainly travel in a boat. Someone told me that's what they're for.

All of the search and seizure stuff is made enormously complicated by traffic stops. How often do Texas peace officers stop and search boats? I don't think the Coast Guard can enforce state law, and they're mainly concerned with smuggling.

- Jim

TX_Jim wrote:46.02 does not define motor vehicle nor does it state that motor vehicle takes on the definition from any other section of law. I think this is something that needs to be clarified by code or case law.

That is a good point and not one that I thought of. TC § 541.201 begins, "In this subtitle..."

However, if we look at PC § 31.03, theft, it uses the term motor vehicle without either defining it or referring to the Transportation Code for a definition.

Also, PC Chapter 49 defines drunk driving, boating, and flying in separate articles, without specifically defining motor vehicle, aircraft, or boat.

I also think if we looked at the legislative intent of HB 1815, we would find mentions of vehicles, cars, and trucks; but I bet we would find no mention of watercraft.

There may well be case law restricting or broadening the definition of motor vehicle. I have no way to search case law other than Google, and that doesn't work well.

- Jim
Edited to fix typo.

Interesting question. PC §46.02 says that it is unlawful to carry a weapon unless you are (among other places and circumstances) "inside of or directly en route to a motor vehicle that is owned by the person or under the person's control."

Then we can look at TC § 541.201 for the definition of motor vehicle:

(11) "Motor vehicle" means a self-propelled vehicle or a vehicle that is propelled by electric power from overhead trolley wires. The term does not include an electric bicycle or an electric personal assistive mobility device, as defined by Section 551.201.

But don't stop there. The law also defines vehicle:

(23) "Vehicle" means a device that can be used to transport or draw persons or property on a highway.

So a boat that is not amphibious is not a motor vehicle under Texas law, and you can't legally carry there based on that clause of 46.02.

I'm also willing to bet without looking that piloting a boat while intoxicated is covered by a different area of law than drunk driving.

Everything having to do with boats and navigation is complicated and I know practically nothing about it.

- Jim