Georgia DNR debates new probable cause requirement for boating stops

The Judiciary Non-Civil Leverett Subcommittee meeting held on February 26, 2025, focused on proposed legislation affecting the Department of Natural Resources (DNR) and its authority to stop vessels on Georgia waterways. The primary discussion revolved around the need for probable cause before DNR officers can board boats, a change that some committee members argued could hinder law enforcement's ability to ensure safety on the water.

Representative Ridley introduced the legislation, emphasizing the importance of protecting Fourth Amendment rights and establishing parity between road law enforcement and marine law enforcement. He argued that just as road officers require reasonable suspicion to stop vehicles, similar standards should apply to DNR officers stopping boats.

Thomas Bernard, Deputy Commissioner of DNR, expressed strong opposition to the proposed changes, stating that they would severely limit the agency's ability to maintain safety on Georgia's extensive waterways. He highlighted the challenges faced by the relatively small number of game wardens—only 200 statewide—who are responsible for patrolling 16,000 miles of rivers and vast coastal areas. Bernard explained that the current standard of reasonable suspicion allows officers to act swiftly in potentially dangerous situations, such as suspected drunk boating or ensuring compliance with safety regulations.

Several committee members raised concerns about the implications of requiring probable cause, questioning whether it would lead to increased risks for boaters and the environment. Colonel Mike England, Director of Law Enforcement for DNR, reiterated the necessity of maintaining the current standard, arguing that it enables officers to prevent accidents and enforce safety regulations effectively.

Supporters of the current enforcement practices, including representatives from the Georgia Wildlife Federation and America's Boating Club, voiced their approval of the existing reasonable suspicion standard. They emphasized the importance of proactive safety measures and the professionalism of game wardens in ensuring the safety of boaters.

The meeting concluded with a commitment from committee members to further discuss the proposed legislation and its potential impacts on boating safety in Georgia. The ongoing dialogue reflects the balance between individual rights and public safety, a central theme in the discussions surrounding this legislation.