Basic BO Flashcards

0
Q

Explain 14 USC 2?

A

The Coast Guard shall enforce or assist in the enforcement of all applicable laws on, under and over the high seas and waters subject to the jurisdiction of the US.

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1
Q

What is Authority?

A

Authority is the governments legal power to act.

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2
Q

Explain 33 CFR 6 (COTP)?

A

Authorizes the COTP to establish security zones, issue orders, inspect and search vessel, water front facilities or persons, safe guard ports, harbors, territories, or waters of the US.

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3
Q

What 14 USC 141?

A

Federal, state, and local agencies can request CG assistance when CG facilities and persons are qualified to perform a particular activity.

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4
Q

What is USC 143?

A

CG petty Officers, warrant officers, and commissioned officers are also customs officers.

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5
Q

What is 19 USC 1581?

A

Failure to stop shoreward of 12 NM from baseline.

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6
Q

What is 19 USC 1589?

A

Congress granted customs officers general LE authority, which include:
Carry a firearm
serve warrants, subpoena’s, summons

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7
Q

What is Jurisdiction?

A

Is a government’s power to exercise it’s legal authority over its persons, vessels and territory’s.

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8
Q

What are the 3 elements that comprise jurisdiction? (jurisdictional triangle)

A

Substantive Law
Vessel Status/Flag
Location

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9
Q

What are the Four types of vessels?

A

Private/Pleasure
Commercial
Government Owned
Warship

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10
Q

What is Diplomatic immunity?

A

Exempt from certain laws and taxes granted to diplomats by the country in which they are working for.

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11
Q

What is Sovereign immunity?

A

government vessels, aircraft and personnel that are beyond the reach of any other government’s authority to exercise jurisdiction over them.

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12
Q

HUGFLT (SMTJ)?

A
High Seas
US vessels
Great Lakes
Federal Reservations
Land and Waters not within the 50 US states
Terr Seas
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13
Q

What are the three types of Self Defense?

A

Unit
Individual
National

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14
Q

What is Reasonable Suspicion?

A

The belief by a reasonable and prudent person based on articulable facts, that something has happened.

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15
Q

What is Probable Cause?

A

The Level of suspicion that would cause a reasonable and prudent person, given the overall circumstances, to believe a crime has been or is being committed.

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16
Q

What is the 4th Amendment?

A

Protects US persons and foreign persons in the US from searches that unreasonable interfere with a person’s reasonable expectation of privacy.

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17
Q

What is the Commandants Use of Force Policy?

A

Only that force reasonably necessary under the circumstance may be used, Excessive force may never be used.

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18
Q

What is a BISS?

A

Basic Initial Safety Sweep

19
Q

What is an EISS?

A

Extended initial safety sweep (EISS)

20
Q

What is a Frisk Search?

A

The Crushing and Passing of the hands over the outer clothing of a person in search of WEAPONS.

Reasonable Suspicion is needed.

21
Q

What is a SIA?

A

A Search incident to arrest is a detailed “crush and feel” search of an arrested individual’s person and thorough search of outer clothing.

22
Q

Baseline to 12NM?

A

Territorial Sea’s

23
Q

Internal Waters to 12NM?

A

Custom Waters

24
Q

12NM to 24NM?

A

Contiguous Zone

25
Q

12NM to 200NM?

A

EEZ

26
Q

200NM to Foreign Territorial Sea?

A

High Seas

27
Q

What is the Plain View Doctrine?

A

An LE officer who is otherwise lawfully present in an area, to seize an item that is immediately apparent as evidence.

28
Q

What is the exclusionary Rule?

A

Evidence collected or analyzed in violation of the defendants constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law.

29
Q

What is an SNO?

A

Issued by a CG flag officer, typically an Area or District commander who exercises operational control over the LE unit.

The SNO defines the limits of the unit commanders authority to act in a particular case.

30
Q

What is 14 USC 89?

A

The CG has the authority to Search, examine, arrest, seize, inquire and inspect on any vessel subject to US jurisdiction for the detection and suppression of violations of US law.

31
Q

What is the deadly force triangle?

A

Weapon, Opportunity, Subjects Action

32
Q

What is the 2 prong test for Oppertunity?

A

Unrestricted Access

Maximum Effective Range

33
Q

Define Search and what level of Suspicion is needed?

A

An intrusion,encroachment or entry by an agent of the government into an area where there is a reasonable expectation of privacy. Probable Cause is needed.

34
Q

What are you looking for during an SIA?

A

Weapons
Means of Escape
Evidence

35
Q

What is reactionary Gap?

A

The distance between the Contact and the Subject.

Usually 4-6 FT

36
Q

What is a Custodial Situation?

A

When the subjects freedom of movement has been deprived

37
Q

when would you advise someone of there Miranda rights?

A
  1. Once taken into custody, prior to questioning.

2. When transferring custody to another agency.

38
Q

What is a felony?

A

A serious criminal act usually punishable by a term of more than 1 year.

39
Q

What form do you give the master of a vessel, if during the course of a boarding you damage the vessel?

A

SF-95

40
Q

What are prohibited weapons?

A
  1. Short barreled Shotguns (Barrel less than 18” or overall length is less than 26”)
  2. Short barreled Rifle (Barrel less than 16” or overall length is less than 26”)
  3. Machine Guns
  4. Mufflers or Silencers
  5. Destructive Devices (explosives, rockets, missile or mine)
41
Q

Who are the 9 prohibited person’s from carrying firearms?

A
convicted Felons
Dishonorable Discharged from the Military
Mentally Incompetent
Renounced US citzen
Illegal Alien 
Addicted to a controlled substance
Fugitive from Justice
Restraining Order
Misdemeanor Crime of Domestic Violence
42
Q

What is the difference between Probable Cause and Reasonable Suspicion?

A

With Probable Cause you can arrest someone and with reasonable suspicion you can only detain.

43
Q

What is a criminal investigation?

A

Looking for clues and evidence to determine whether a crime has taken place.

44
Q

What level of suspicion is needed to start a criminal investigation?

A

Reasonable Suspicion

*** if the suspected evidence is located in an area of the vesel in which any person aboard the vessel has a reasonable expectation of privacy( e.g., a stateroom,personal locker, locked tool drawer, vessel safe), such evidence may only be searched for in one or more of the following apply:

Voluntarily consents to the search
The entire vessel is subject to a Customs Border Search
The BO has PROBABLE CAUSE to believe that evidence of criminal activity will be found in the area

45
Q

What are the requirements for a child to wear a PFD in the state of RI?

A

Children under 13 years of age must wear a U.S. Coast Guard–approved PFD (life jacket) while underway in a recreational vessel less than 65 feet in length unless below deck or in an enclosed cabin.

46
Q

What age are boater required to wear a PFD in MA?

A

Throughout the year and regardless of boat type, children under 12 are required to wear their lifejacket anytime they are underway and above deck.