Authority Flashcards
Authority and 5 fundamental sources
The govts power to act
MLE
Assistance
Customs
CGIS
protection and security of vsls, harbors, waterfront, LE ashore
14USC101
Establishes cg as a branch of the military at all times
14USC102
Primary duties
Enforce all applicable federal laws on high seas and waters subject to us jurisdiction
Enforce or assist enforcement of all applicable federal laws 522
Engage in maritime surveillance or interdiction to enforce or assist laws of US
Administer laws, safety of life and property.
Aton, icebreaking, national defense, rescue.
Maintain a state of readiness to assist navy, pursuant to 103
14USC103
Department in which cg operates
DHS
Navy in times of war
14USC521
CG attempt to save lives, us or any person < 12nm saving life and property
False distress knowingly and willingly communicates false distress
Radio interference knowingly and willingly attempts to interfere with radio communication
14USC522
The CG may make IEISSA upon the high seas and waters over which the US has jurisdiction for the PDS of violations of laws of the US for such purposes commissioned warrant and POs may at anytime go on board of any vessel subject to the jurisdiction or to the operation of any law of the US address inquires to those on board examine the ships documents and papers and examine inspect and search the vessel and use all necessary force to compel compliance
14USC523
Enforcement authority ashore
Carry a firearm and while at a facility make arrests w/o warrant for any offense committed in their presence and seize property as otherwise provided by law.
14USC703 pursuant with 19USC1401(i)
Customs authority
Performance of duty relating to customs laws regulations issued by the sec. of treasury officers of customs
14 USC 703 and 19 USC 1401 PO warrant and commissioned officers are also custom officers.
19USC1589(a)
Carry a firearm
Serve warrants
Arrest w/o warrant for felony
Any other Secretary of treasury duty
Customs authority limitations
Seizures of property to laws
Coordinate use of customs authority with local/regional ICE and CBP supervisors to ensure compliance.
Customs border searches
Carry firearms/warrant less arrests ashore
Obtain assistance of any person in making arrest search seizure authorized by any law enforced or administered by customs officer
Vessel document checks
Assistance authority 14USC701
In contact with head of agency
Federal or state
Especially qualified for position
Our policies do not mix with theirs
COTP 33CFR6
Failure to comply
$10k
10 years prison
Forfeiture of vessel
Place guards
Remove unauthorized stuff to protect the port
Issue orders
Inspect vehicles, facilities SZ and persons
Search vehicles, facilities SZ and persons
Establish security zones
Establishes COTP authority to do what is necessary to secure persons vessels waterfront facilities within their district. security zones.
COTP - under command of district commander designated by comdt purpose of giving immediate direction to CG LE activities within his or her assigned area. I’m addition the district commander will be captain of the port.
