RollWithIt

In regards to the topic in this thread, what will be looked at are the actions of the girl operating the boat. Was she reasonable in doing so. If she wasn't, then she will be held to a higher degree of accountability. The fact that she has already been charged means that the facts rose to the lever of probable cause. Next will be if they stand on their own merit and satisfy a prima facia case at the preliminary hearing. Ultimately the facts will have to rise to the level of beyond a reasonable doubt for any conviction at criminal court. Unfortunately two people suffered serious injuries to bring this situation to light. Hopefully they can recover fully and everybody involved will use better judgment in the future.

Smarty

You are correct, here in New Jersey the New Jersey State Police Marine Division is the law enforcement agency for our waterways here in NJ. The policy for the NJSP is that they do not handcuff the suspect to the vessel or secure the suspect to the vessel for he reasons as you stated above (ie. the State Police vessel starts sinking, capsizes, catches fire, accident, ect; sinking would be difficult since most of the boats are Boston Whalers).

I do not handle negligence or wrongful death lawsuits, but any attorney could make a strong argument that this death was preventable...Reasonable Person is the standard for the negligence suit, the life-vest dislodging is the key point in that case, in combination with other factors which the discovery will yield.

My $.02 opinion. I will stick with area of law, my practice that I know, DUI's-BUI, drug possession and distribution, ag.-assault, shop-lifting, gun possession, murder, molestation-rape, all traffic matters, juvenile cases, child pornography, theft, Child Protection & Permanency cases (DYFS), landlord-tenant, small business collections,...

My shameless self promotion...

I will assume you are a police officer or attorney?

Speedracer29

If I were either, I'd be nuts to admit it.... I've seen the thrashing attorneys and police take in these threads!

As far as you know, I'm an unemployed mid 30's college drop-out living on government assistance in my parents' basement, capiche?!

You also owe me a nickel for quoting your specialties.... There wasn't a circled C, so no infringement!

RollWithIt

Just spoke with a Pennsylvania Fish and Boat Commission Officer whom I was helping instruct an emergency boat operation and rescue course about this incident. He said that the PAF&B policy on transporting prisoners is extremely strict on how its done for this very reason. His personal approach for somebody whom he takes onto his boat that might be getting arrested is to have them put their own life jacket on before they even get onto his boat. If they then get arrested for BUI, he cuff's them in the front. The person is then sat down on a front seat with another officer to make sure they do not get up or jump into the water. As stated by Speedracer29, you will not see anybody secured to a boat or car or anything during transport. Even for land cops, the most you will do is seatbelt somebody in to a back seat or cage area on a transport wagon. Prison transports might be different.

Pilotpete

You should see what they do with them for air transport...

RollWithIt

I know the US Marshalls have their Air Con program. Never seen inside one of the transport planes but figure its like a flying jail.