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Boarding Officer > Bo > Flashcards

Bo Flashcards

0
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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1
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. For such purposes, commissioned, warrant, and petty officers may at any time go on board of any vessel subject to the jurisdiction, or to the operation of any law, of the United States, address inquiries to those on board, examine the ship’s documents and papers, and examine, inspect, and search the vessel and use all necessary force to compel compliance.

b. The officers of the Coast Guard insofar as they are engaged, pursuant to the authority contained in this section, in enforcing any law of the United States shall:
(1) Be deemed to be acting as agents of the particular executive department or independent establishment charged with the administration of the particular law; and
(2) Be subject to all the rules and regulations promulgated by such department or independent establishment with respect to the enforcement of that law. The provisions of this section are in addition to an powers conferred by law upon such officers, and not in limitation of any powers conferred by law upon C.

such officers, or any other officers of the United States.

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2
Q

Explain the limitations of a consensual boarding

A

Limited to the scope of the masters consent.

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3
Q

Explain the limitations of an SNO

A

Limited to the subject matter of the SNO. (I.e. may not search private spaces.)

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4
Q

Explain when it’s authorized to draw your PDW.

A

When the need for deadly force MAY exist.

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5
Q

What is the Special Maritime Territorial Jurisdiction (SMTJ)?

A

Any place outside the jurisdiction of any nation. Explained in 18 USC 7, and applies to:
HUGFLT…The High Seas, US Vessels in foreign waters, Un Enclosed portion of The Great Lakes, Federal Reservations, Lands or Waters not within or between any of the 50 States, and Territorial Seas.

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7
Q

What is the Jurisdictional Triangle?

A 
/\               
                                 /    \
 Substantive law /       \Vessel flag/ status 
                              /\_\_\_\_\_\
                              Location
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7
Q

The Use Of Force (Non Lethal) is authorized when?

A

1) Personal Self Protection
2) To Compel Compliance with an order the CG has the Authority to Issue
3) To prevent a federal Crime and when Authorized to act on their behalf, to prevent a serious State or Foreign Crime.
4) To prevent an escape or effect an arrest when there is probable cause to believe a federal crime has been committed.
5) To prevent the theft of, intentional damage to, or destruction of property or information the CG has the Authority to protect

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8
Q

What is the Commandants Use Of Force policy?

A

Only that force reasonably necessary under the circumstances may be used. Force shall not
be used where assigned duties can be discharged without it. Excessive force may never be used; however, nothing in the application of the Coast Guard Use of Force Policy shall be construed as to require personnel to meet force with equal or lesser force.

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9
Q

What are the Levels Of Force?

A

1) Officer Presence
2) Verbal Commands
3) Control techniques
4) Aggressive Response
5) Intermediate Weapon
6) Deadly Force

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10
Q

What is level 1?

A

An officers appearance and demeanor, both verbal and non verbal that creates an atmosphere of compliance.

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11
Q

What is level 2?

A

Verbal commands: a task direction aimed at the subject with a consequence.

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12
Q

What is level 3?

A

Control techniques: techniques or actions that have a low probability of causing connective tissue damage,lacerations to the skin, or broken bones.

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13
Q

What’s level 4?

A

Aggressive response techniques: techniques or actions with a probability (check MLEM) of causing connective tissue damage, lacerations to the skin or broken bones. Or may cause irritation to the skin, eyes, or mucous membrain.

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14
Q

What is level 5?

A

Intermediate weapons: techniques or actions with a high probability of causing lacerations to the skin, connective tissue damage, or broken bones.

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15
Q

What are the commandant UofF guiding principles?

A

Only that force reasonably necessary under the circumstances may be used. Force shall not be used where assigned duties can be discharged without it. Excessive force may never be used; however, nothing in the application of the Coast Guard Use of Force Policy shall be construed as to require personnel to meet force with equal or lesser force.

(Confirm with the MLEM)

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16
Q

Characters of OC pepper spray.

A

The aerosol must contain no greater than 10% and no less than 5% OC concentration. OC spray shall not exceed 500,000 Scoville Heat Units (SHUs), or exceed 18% capsacinoids. It shall have a water-based carrier, be non-flammable, non-toxic, and produce a straight stream delivery (not fog).
The OC pepper spray canister shall be approximately 3 oz. net weight, with thumb activation and a safety mechanism.

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17
Q

What does the 5th amendment state?

A

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

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18
Q

What does the 4th amendment state?

A

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized

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19
Q

Plain view discovery

A

The rule permitting a law enforcement (LE) officer, who is otherwise lawfully present in an area, to seize an item that is readily apparent as evidence

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20
Q

Probable cause

A

The belief of a reasonable and prudent person that a crime has been committed.

The level of suspicion that would cause a reasonable and prudent person, given the overall circumstances, to believe a crime has been committed. Probable cause is a judgment call made by a law enforcement (LE) officer based on the totality of the circumstances, including the officer’s training, experience, and analysis of the situation.

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21
Q

Draw the jurisdictional limitations for the applicable areas in your AOR

A

Use picture

Customs waters: internal-12nm
Territorial seas: baseline to 12nm
Contiguous zone: 12nm to 24nm 
EEZ: 12nm to 200nm
High seas: 200nm to foreign territorial seas
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22
Q

What are the minimum required length for a shot gun and rifle.

A

Shotgun: 18” barrel and 26” overall
Rifle: 16” barrel and 26” overall

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23
Q

What is a title II weapon?

A

Federally regulated firearm:

  • machine guns
  • shorter than the minimum lengths
  • mufflers or silencers
  • destructive device
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24
Q

What is needed to transport or posses a title 2 weapon?

A

ATF form 5320.4

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25
Q

What is a prohibited person?

A
  1. Convicted felon
  2. Dishonorably discharged from the military,
  3. Mentally incompetent or committed to a mental institution,
  4. Renounced citizenship,
  5. Illegal alien,
  6. Possessor or user of a controlled substance,
  7. Fugitive from justice,
  8. Has a restraining order,
  9. or a conviction for domestic violence.
  10. Under age
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26
Q

Explain the coast guards policy on recording of weapons serial numbers.

A

Cg policy is to document all title 2 firearms, D13 is to record ALL firearms.

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27
Q

What are the different classes of vessels?

A
  • Commercial
  • Recreational
  • Government owned non-commercial
  • Warship
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28
Q

What is the formula for a rough bar?

A

Length\10+freeboard = max wave height for vessel.

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29
Q

Where is the closest customs office?

A

Aberdeen

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30
Q

What are the parts of an arrest

A

Authority, intent, knowledge and compliance

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31
Q

Reasonable suspicion

A

The belief by a reasonable and prudent person that something has happened.

32
Q

Define authority.

A

The governments legal power to act

33
Q

14 USC 703 (143) & 19 USC 70

A

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.

34
Q

14 USC 701

A

Assistance authority:
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 23) 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. The Commandant may prescribe conditions, including reimbursement, under which personnel and facilities may be provided under this subsection.

35
Q

What are the five sources of coast guard authority

A
  1. Maritime law enforcement
  2. Customs
  3. Protection and security of vessels, harbors, and waterfront facilities
  4. Assistance
  5. CGIS
36
Q

What are the special circumstances of authority?

A
  • right of visit
  • consensual boarding
  • rendering assistance
37
Q

Define substantive law

A 
One the prohibits certain action or requires affirmative conduct. 
Eg: - drug laws
      - immigration laws
      - fisheries enforcement 
      - protected areas or species
      - environment/pollution laws
      - PWCS laws
38
Q

Define jurisdiction

A

The governments power to exercise its authority over its persons vessels and territory’s

39
Q

Define substantive law

A

One that prohibits certain action or requires affirmative conduct

40
Q

What are the four vessel statuses

A
  • US
  • foreign
  • WON- without nationality
  • assimilated without nationality
41
Q

What are the four type of vessels?

A

Pleasure
Commercial
Government owned non-commercial
Warships

42
Q

What requirements must be met to be a US vessel (5things)

A 
Documented
Numbered
Owned by a US citizen or national
Was once documented under us law
Without approval, had been either sold to a non us citizen, or placed under foreign registry or flag
43
Q

Define location

A

The allowable extent of US jurisdiction over persons, vessel, and aircraft Is determined by by the character of the waters in or over which they are located

50
Q

Explain sovereign immunity

A

Certain government vessels, air craft and personnel have immune status which effectively places them beyond the reach of any other government authority to exercise jurisdiction over them.

51
Q

Define territorial seas

A

The water 12NM wide adjacent to the coast line of the us and seaward to the base line

52
Q

Define exclusive economic zone.

A

Adjacent to the territorial seas and extending 200NM from the baseline, in which a coastal state may exercise the control necessary to protect natural resources.

53
Q

Define customs waters.

A

Water shoreward of the 12 NM line (including territorial seas and internal waters.) with access to the sea. For foreign flagged vessels, customs waters may be extended beyond 12 NM by special arraignments.

54
Q

Define contiguous zone.

A

Adjacent to the territorial sea and extending 24 NM from the base line, in which a coastal state may exercise the control necessary to prevent and punish infringements of is fiscal, immigration, sanitary and customs laws.(FISC)

55
Q

Define exclusive state waters.

A

Internal waters wholly within a single state.(no CG jurisdiction)

56
Q

Define constructive presence

A

Under international law, the right of a coastal state to exercise jurisdiction over a foreign flag vessel (mothership) which remains outside of coastal state jurisdiction, but uses its boat or another ship to commit offenses in violation of coastal state law within a maritime area over which that the coastal state exercises jurisdiction.

57
Q

What is serious physical injury?

A

Actual physical injury that results in unconsciousness, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty.

58
Q

What are the four lower counter measures?

A
  • knee strikes
  • angle kick
  • front snap kick
  • superficial peronneal kick
59
Q

Name the nine upper body counter measures.

A
  • Front jab
  • Straight punch
  • Forearm strike
  • Brachial stun/Palm heel strike
  • Back hand strike
  • Inner forearm strike
  • Outer forearm strike
  • super scapular stun
  • Elbowstrike
61
Q

What are the six non deadly force situations.

A

Individual self defense
To compel compliance with an order the coastguard has authority to give
To prevent a federal crime
To affect a lawful arrest or prevent escape.
To prevent the theft of, damage to, or destruction of property.
To enforce an order to evacuate a vessel.

62
Q

Define active resistor.

A

A subject who doesn’t follow the officer direction and offers physical resistance that prevents or may prevent the officer from gaining control but does not attempt to harm the officer

63
Q

Define active aggressor.

A

A subject who attempts to harm or attack the officer.

64
Q

Define passive compliant.

A

A subject who follows the officers request and verbal directions.

65
Q

Define a passive resistor

A

A subject who does not follow the officers requests or verbal directions, but offers no physical resistance to the officers attempt to gain control.

66
Q

Define a frisk search.

A

A crushing and passing of the hands over the outer garments of a person in search if weariness when and officer suspects an individual may have a weapon that poses a threat to the boarding team or others.

67
Q

Define a SIA

A

A detailed “crush and feel” search of an arrested person, a thorough search of their outer clothing and a search of the area in the immediate control of the arrestee

68
Q

What is evidence?

A

Anything including testimony, documents and tangible objects that tend to prove or disprove a fact in issue.

69
Q

Define strip search.

A

A search that involves the intrusive removal of clothing and may be as extensive as a visual examination of the nude body.

70
Q

Identify a regulated firearm

A

Capable of automatic fire
Shoulder fire weapons shorter than the minimum lengths
Firearms with mufflers or silencers
Any other destructive device.

71
Q

What is the form to legally possess regulated firearm?

A

BATF form 5320.4

72
Q

What are valid claims of nationality?

A

Documentation of vessels nationality
Flag
Verbal claim by master

74
Q

What are the six deadly force situations?

A
  1. Self-defense or defense of others.
  2. lawful arrest or to prevent an escape
  3. protection of property
  4. protection of hazardous materials or deadly weapons
  5. deadly force in vessel on vessel situations
  6. airspace security
75
Q

Define a search

A

A entry or intrusion of a agent of the government into a space where there is a reasonable expectation of privacy

76
Q

14 usc 1

A

The Coast Guard, established January 28, 1915, shall be a military service and a branch of the armed forces of the United States at all times

77
Q

SMTJ

A

HUGFLT

a. To U.S. vessels outside the jurisdiction of any b. To U.S. vessels located on the waters of the

connecting them:

State (seaward of the U.S. territorial se

Great Lakes or any of the waters

c. To land within exclusive federal jurisdiction on federal reservations, as well as land outside the jurisdiction of any nation (e.g. Antarctica) with respect to an offense by against a national of the U.S.:
d. To U.S. aircraft while in flight over waters seaward of state waters, and may also app

with respect to those flying over waters seaward of committed outside the jurisdiction of any nation: and f To the extent permitted by international law, to any foreign vessel during a voyage

e.

having a scheduled departure from or arrival in the United States with respect to an offense committed by or against a national of the United States.

78
Q

Transit passage

A

The right of non-interference for a vessel transiting through the territorial sea of a nation that comprises an international strait used For navigation between areas of international waters.

79
Q

Innocent passage

A

The right of non-interference for a vessel inbound, outbound, or through a foreign territorial sea.

80
Q

Hot pursuit

A

Allows a coastal state to preserve jurisdiction to take LE action against a foreign flagged vessel that flees beyond normal jurisdictional limits after it has committed a violation of the coast state’s law.

81
Q

When can you pursue ashore

A

1 The Boarding Officer has probable cause to believe that a person is committing or has committed a federal felony rendering that person subject to arrest

The person flees ashore from Coast Guard pursuit. 2. 3 Coast Guard assistance is specifically requested in a shore side location where shore side LE personnel are not present or have insufficient capacity to pursue.

The Boarding Officer is accompanied by another Boarding Officer or boarding team member, and 5. The pursuit ashore of the person fleeing can be started immediately stained continuously, and completed promptly

82
Q

Deadly Force

A

Deadly force is any force that is likely to cause death or serious physical injury.

83
Q

What are the four types of subjects?

A
  • Passive compliant
  • Passive resistor
  • Active resistor
  • Active agressor
84
Q

14 USC 141

A

federal state, and local agencies can request Coast Guard LE assistance when Coast Guard facilities and persons are especially qualified to perform a particular activity.

85
Q

Magnuson act of 1950

A

Expanded the coast guards authority to encompass harbors ports and water front facility’s.

86
Q

Non-innocent passage

A
  1. Any threat or use of force.
  2. Any exercise or practice with weapons
  3. Collecting information on the defense or security of the costal state
  4. Propaganda
  5. Launching landing of aircraft
  6. Launching nor landing of military devices
  7. Loading or unloading of cargo, currency or person.
  8. Any violations of pollution laws
  9. Fishing
  10. Research or survey activities
  11. Interference of communications
  12. Any activity other than direct bearing on passage.

Boarding Officer (1 decks)

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