Authority And Jurisdiction Flashcards
Define Authority
Authority is the Government’s legal power to act.
Five fundamental sources of Coast Guard enforcement authority.
- Maritime Law Enforcement
- Customs
- Protection and security of vessels, harbors and waterfront facilities, including law enforcement ashore
- Assistance
- Coast Guard investigative service
Under 14 USC 89 (a), what cant the Coast Guard do?
The Coast Guard may make searches, examinations, arrests, seizures, inspections, and inquiries.
What is SEAS II?
An acronym used to remember what LE actions are authorized under 14 USC 89 (a).
Under 14 USC 89 (a), where does the Coast Guard have Law Enforcement authority?
Upon the high seas and waters over which the United States has jurisdiction.
Under 14 USC 89 (a), who has Law Enforcement authority?
Commissioned, warrant and petty officers.
Under 14 USC 89 (a), why does the Coast Guard have Law enforcement authority?
For the prevention, detection and suppression of violations of laws of the United States.
What authority does non-rated BTM personnel have?
None
Under 14 USC 89 (a), when can the Coast Guard use it’s law enforcement authority?
Any time on board any vessel
Define jurisdiction
Jurisdiction is a government’s power to exercise legal authority over its persons vessels and territory
What are the three elements of jurisdiction?
- Substantive law
- Vessel status/flag
- Location
Define substantive law
Prohibits certain actions or requires affirmative conduct.
Give examples of substantive laws
Drug enforcement laws,
immigration laws,
fisheries enforcement laws,
protected areas and species laws, environmental and pollution laws,
ports waterways and coastal security, vessel safety laws,
general criminal laws.
Define vessel status.
Type of vessel
What are the types of vessels?
Warships, government, commercial, and recreational
