Posted by seahunt on January 14, 2003 at 19:07:10:
In Reply to: Re: Just what authority does a DM have? posted by Captain Tim on January 14, 2003 at 18:41:26:
Look at the Admiralty code on the Captain's authority on the open sea, then it becomes a matter of case law.
Unless you find it in the Admiralty code or as a precident in case law, it simply doesn't exist. I can't mention a specific case one way or another and I would doubt it exists (that is why case law follows codified law), though someone else may be able to cite something specific.
I considered calling the cops on a DM for impersonating a state officer in a F&G matter. He had no authority and could have none since he wasn't deputized. He can report me to the F&G, but he was putting himself at risk, cuz peace officers are jealous and protective of their powers. If I had been illegal (I wasn't) I might get a ticket, but he could get the pokey.
It's a question of where the authority would come from. It doesn't come from the Constitution. It isn't a local civil code. It must come from the Captain or a contract.
I'm afraid given what you ask, that I'm not much help.
Finding a specialist that could cite a case would take a professional in Admiralty Code or perhaps international law. ... I'd post this on the Rodales board... http://www.scubadiving.com/talk/list.php?f=1
There are a lot of lawyers there.
Enjoy, seahunt