BO Board Flashcards
Define Authority:
Is the governments legal power to act.
Define Jurisdiction:
Is the governments power to excise its authority over its persons, vessels and territory.
What gives us Authority and Jurisdiction:
“14 USC 522” states:
The Coast May make inquiries, examinations, 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.
Commissioned Officers, Warrants and Petty Officers may at anytime go on board any vessel subject to the jurisdiction or the operation of any law of the USA, address inquiries to those on board, examine the ships documents and papers and examine inspect and search the vessels and use all necessary force to compel compliance.
What is the Jurisdictional Triangle:
- ) Substantive Law: it prohibits certain actions or requires affirmative conduct.
- ) Vessel Flag/ Status: vessels nationality/ type of vessel.
- ) Location
What vessels are exempt from U.S. Jurisdiction:
- ) Force Majeure:
- ) Transit Passage: is the right of non-interference for a vessel through a foreign territorial sea.
- ) Innocent Passage: is the right of non-interference for a vessel transiting inbound, outbound or through a foreign territorial sea
Define Force Majeure:
A foreign vessel is forced into another country’s water because of distress, whether man made or natural causes, and is not subject to the jurisdiction of the US for a time until the situation is remedied. LE team may go aboard to ascertain if the distress is legitimate.
Define SMTJ:
The Special Maritime and Territorial Jurisdiction (SMTJ)
Define HUGFLT:
H: High Seas U: US vessels in foreign seas G: Great Lakes F: Federal Reservations L: Land not between the 48 states (Guam, Hawaii, Puerto Rico)
T: Territorial Seas (not inland of state line)
Define Right of Approach:
To approach any vessel in international waters and to verify its nationality through questioning.
Define Right of Visit:
To board a vessel of unknown nationality in order to determine its nationality, or to board a vessel suspected of engaging in piracy, slave trade or unauthorized broadcasting.
What is your authority over foreign vessels in US waters?
Define Statement of No Objection:
The means by which a Coast Guard flag officer informs a subordinate commander that the flag officer does not object to the proposed use of the subordinate commanders lawful discretion and authority.
What is assistance authority:
There are two ways that other agencies may assist with Coast Guard LE missions pursuant to their own organic authority to engage in the activity. Second, the Coast Guard May formally request assistance from other agencies and entities. In addition to requesting and receiving assistance from other agencies and entities, the Coast Guard May also provide assistance to other agencies.
14USC141
Boarding Officer Responsibilities:
The BO is directly responsible for the safe and proper conduct of the boarding. The BO directly represents the unit, USCG and the government of the US and shall ensure that all boardings are conducted with the highest degree of thoroughness, professionalism and evenhanded was. The BO is in charge of the entire boarding team, including other LE personnel, foreign officials, interpreters and augmenters. All persons directly involved in the boarding and in support of the LE effort be fully aware of and completely support this arrangement.
Minimum Boarding Team:
Under 30ft: 2 (BO & BTM)
30-65ft:
65-100ft: 5-6
100-250ft: 6-8
250ft and over: 7-10
Required LE belt items:
- Body Armor (IIIA)
- LE Belt
- Belt keepers (4)
- PDW Holster
- Ammo Pouch
- OC Spray & Pouch
- Handcuffs & Pouch
- Flashlight & Holder
- Baton & Holder
- Nitril Gloves
- 4 Gas Analyzer
- Rad III Pager
Optional:
- Folding Knife
- Flex Cuffs
- Ballistic Helmet
- Hydration Pack
- Respiratory Protection
- Multi-Tool
- Eye Protection
Boarding Kit Materials:
Constructed Of A Waterproof, durable Case or backpack.
Writing Marerials:
- Clipboard
- Paper
- Graph Paper
- Pens
- Pencils
Paperwork:
- 4100 forms
- Enforcement Action Reports (EAR’s) for fisheries violations.
- Rights Advice Card
- Report Of Boarding Form (Mobile Misle Device & Printer)
- BO Job Aid Kit ( BOJAK)
Tools:
- Two sounding tape (75ft)
- Two measuring tape (100ft)
- Calculator
- Camcorder Digital
- Camera ALCO
- Sensor w/ memory Knife
ISS Materials:
- Two Flashlights
- Five wooden wedges (4-Inch)
- Three Chemlight packages (10each)
- Two inspection Mirrors (small)
- Roll of light line
Field Test Kits:
Narcotics Identification Kit (NIK)
IONSCAN swipes
Seizure & Arrest Materials:
- Four Flex Cuff cutters
- Flex cuffs
- Gloves (latex or synthetic)
- Plastic ziplock bags (various sizes)
- Seizure Tags ( CG-5117)
Define Search:
An entry or intrusion by a government agent on a quest for evidence into an area where an individual has a reasonable expectation of privacy.
Define Consent Search:
Can allow virtually infettered access to otherwise private areas.
What level of suspicion is normally required to perform a search:
Probable Cause
Define Reasonable Suspicion:
The belief by a reasonable and prudent person based on articulable facts, that something has happen.
Define Probable Cause:
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. Probable cause is a judgement call made by a law enforcement officer based on the totality of the circumstances, including the officers training, experience and analysis of the situation.
Scoop of Basis Initial Safety Sweep (BISS)
Is a quick and limited protective inspection of a vessel for boarding team safety.
It identifies potential safety hazards and ensuring the vessels overall seaworthiness.
Scoop of Extended (ISS):
EISS may be conducted only when reasonable suspicion exists that there is a Hazard, Person or item on board.
Consequences of an illegal search:
Evidence will be thrown out in court and possibly legal consequences against the boarding officer.