Authority And jurisdiction Flashcards

1
Q

14 USC 102

A

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

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2
Q

14 USC 522

A

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.

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3
Q

14 USC 701

A

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.

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4
Q

Authority

A

Authority is the governments legal power to act.

  1. Maritime law enforcement
  2. Customs
  3. Protection and security of vessels,harbors, and waterfront facilities
  4. Assistance
  5. CGIs special agents
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5
Q

Jurisdiction

A

Jurisdiction is a governments power to exercise legal authority over its persons,vessels and territory.

  1. Substantive law
  2. Vessel status;flag
  3. Location
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6
Q

Jurisdictional Triangle

A

Location, Vessel Status, Substantive Law

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7
Q

Substantive Law

A

Substantive law is one that prohibits certain action or requires affirmative conduct.

  1. Drug enforcement
  2. Immigration laws
  3. Living marine resources (fishing)
  4. Protected areas
  5. Environmental/pollution laws
  6. Ports,waterways, coastal security (PWCS)
  7. Vessel safety laws
  8. General criminal laws
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8
Q

Explain FISC Laws

A

Fiscal Immigration, Sanitary, and Customs Laws
1. Federal narcotics laws
2. Immigration laws
3. Customs and importation laws
4. Quarantine laws

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9
Q

4th Amendment and examples

A

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

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10
Q

5th Amendment with examples

A

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

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