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Peruzzi v. State

O.C.G.A. § 52-7-25, which authorizes DNR rangers to stop boats without probable cause to conduct safety inspections, does not violate the Fourth Amendment.

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Scott Peruzzi was charged with operating a water craft while under the influence of alcohol “Boating Under the Influence”, or BUI.1 He challenged the constitutionality of OCGA § 52-7-25, which authorizes rangers employed by the Georgia Department of Natural Resources to make suspicionless stops of boats to check for required safety equipment and vehicle registration. Following a bench trial, Peruzzi was found guilty and he appealed. We uphold the constitutionality of the statute and affirm.

The record shows that on July 4, 2001, six rangers from the Georgia Department of Natural Resources DNR took three boats onto Lake Peachtree in Fayette County to conduct boat safety inspections. The rangers had been contacted by the Fayette County Marshal’s Unit and asked to assist them in enforcing boat safety during the busy holiday. Sergeant Bice, the highest ranking ranger, informed the others that they were to conduct a mass inspection, ideally stopping every boat on Lake Peachtree and checking for proper registration and adequate safety equipment. All of the officers were in uniform, and their boats were clearly marked as law enforcement vessels.

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