Authority And jurisdiction Flashcards
14 USC 102
The coast guard shall enforce or assist in the enforcement of all applicable Federal laws on, under and over the high seas and waters subject to the jurisdiction of the United States
14 USC 522
The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws of the United States.
14 USC 701
The Coast Guard may, when so requested by proper authority, utilize its personnel and facilities (including members of the Auxiliary and facilities governed under chapter 39) to assist any Federal agency, State, Territory, possession, or political subdivision thereof, or the District of Columbia, to perform any activity for which such personnel and facilities are especially qualified.
Authority
Authority is the governments legal power to act.
- Maritime law enforcement
- Customs
- Protection and security of vessels,harbors, and waterfront facilities
- Assistance
- CGIs special agents
Jurisdiction
Jurisdiction is a governments power to exercise legal authority over its persons,vessels and territory.
- Substantive law
- Vessel status;flag
- Location
Jurisdictional Triangle
Location, Vessel Status, Substantive Law
Substantive Law
Substantive law is one that prohibits certain action or requires affirmative conduct.
- Drug enforcement
- Immigration laws
- Living marine resources (fishing)
- Protected areas
- Environmental/pollution laws
- Ports,waterways, coastal security (PWCS)
- Vessel safety laws
- General criminal laws
Explain FISC Laws
Fiscal Immigration, Sanitary, and Customs Laws
1. Federal narcotics laws
2. Immigration laws
3. Customs and importation laws
4. Quarantine laws
4th Amendment and examples
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law
IE going into a private space without probable cause
5th Amendment with examples
Protects against double jeopardy and self incrimination.
IE can’t be tried for the same crime twice
Can not ask questions that would incriminate the individual unless rights advice had been read the the subject
14USC143
Commissioned, warrant, and petty officers of the Coast Guard are deemed to be officers of the customs and when so acting shall, insofar as performance of the duties relating to customs laws are concerned be subject to regulations issued by the Secretary of the treasury governing officers of the customs.
SMTJ
Special Maritime & Territorial
Jurisdiction
H.U.G.F.L.T
High seas
U.S Vessels in foreign waters
Great Lakes
Federal Reservations
Land and water not in 50 states (American somoa, Guam)
Territorial Seas 12nm adjacent to the US coast
Jurisdictional Map
Baseline-low water line along the coast
Internal waters-all waters inside the baseline
Territorial Seas- 0-12NM
Contiguous zone- 12-24NM
Customs waters- 12NM
Exclusive economic zone- 12NM-200NM
International waters- 12NM to another countries 12NM
High seas- 200NM- another countries 200NM
Right of Approach
ROA-is a set of questions to determine if there is a reasonable suspicion the vessel is breaking international law
Right of Visit
ROV-is the result of the ROA providing reasonable suspicion and is a boarding of the vessel in question
