Authority and Jurisdiction Flashcards
Define Authority.
The government’s legal power to act.
Name 5 Fundamental Sources of Coast Guard Authority
Maritime Law Enforcement Customs Protection and Security of Vessels, Harbors, and Waterfront Facilities, including Law Enforcement Ashore (PWCS) Assistance CGIS
Where does the Coast Guard get it’s authority?
MLEA 14 U.S.C. 89 (a)
What can the Coast Guard do under 14 U.S.C. 89 (a)
SEASII– Search, Examine, Arrest, Seize, Inspect, Inquire
Who in the Coast Guard has authority to carry out SEASII under 14usc89a?
Commissioned, Warrant, and Petty Officers
Where does the Coast Guard have LE authority?
“…upon the high seas and waters over which the U.S. has jurisdiction.”
When can the Coast Guard exercise it’s LE authority?
“may at any time go on board of any vessels…”
Define Jurisdiction.
A government’s power to exercise legal authority over it’s persons, vessels, and territory.
Within the MLEM, jurisdiction is comprised of what three elements?
Substantive Law, Vessel Status/Flag, Location
Define Substantive Law
Prohibits certain action or requires affirmative conduct
What are the four vessel statuses (types), and what does a vessels flag represent?
Status: Warships, commercial, Gov’t Non-commercial (such as ferries or Noaa), and recreational. Flag = Nationality.
Of the four vessel types, which two does the CG not have jurisdiction over?
Warships and Gov’t Non-Commercial (such as ferries or Noaa)
What are the four nationalities?
U.S., foreign, without Nationality, Assimilated- conflicting nationality.
Who has jurisdiction of a vessel claiming no nationality?
Every Country.
What must a vessel have to claim U.S. Nationality?
Documentation to an owner with a U.S. address.
