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.
Define Common Space:
Any space where there is no reasonable expectation of privacy.
Define Private space:
A space that is controlled by an individual where there is a reasonable expectation of privacy.
Two- Prong Test:
Is there an expectation of privacy?
Is that expectation reasonable?
Can you have a private space within a common space?
Yes?
- Backpack on messdeck…
- Articles of clothing…
Define Plain view discovery:
It must be immediately apparent that the item observed may be evidence that a crime has been committed.
Define Frisk Search:
The crushing and passing of hands over the putter clothing in search of weapons.
- Reasonable suspicion.
Search Incident To Arrest
A detailed crush and feel search of an arrested individual in search for weapons, contraband and means of escape.
Elements of an arrest:
- Authority
- Intention
- Knowledge
- Compliance
Fourth Amendment
The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches.
Fifth Amendment
Your right to be silent and not have to answer questions that may be self incriminating.
Explain Rights Advice
Miranda warning…
Is given to an arrested or detained person to advise them of their constitutional right against self incrimination and their right to legal representation.
How do you read someone his or her rights and where do you find it?
K-5 in the BOJAK and you read it verbatim.
Spontaneous Confession:
Sometimes an arrested person or detainee will without being questioned spontaneously confess to committing a crime.
Examples: “You got me”….. “Well, I guess you found my stash”.
Note it for official writing statements.
Define Evidence:
Anything including:
- Testimony
- Documents
- Tangible Objects
That tend to prove or disprove a fact in issue.
Deadly Force Triangle:
Weapon
Action
Opportunity
Use of Force Policy
Only that force reasonably necessary may be used.
Excessive force may never be used.
Level 1
Officer Presence:
Is the appearance, demeanor and verbal/non-verbal communication that create an atmosphere of compliance.
Level 2
Verbal Commands:
Verbal commands are in the form of task direction with consequences aimed at a subject.
Level 3
Control Techniques
Techniques or actions with a low probability of causing connective tissue damage, lacerations of the skin or broken bones.
- Proper use or restraint devices
- Pressure Points
- Strength techniques
Level 4
Aggressive Response Techniques
Techniques or actions that are likely to result in connective tissue damage, lacerations of the skin, broken bones, or irritation to the skin, eyes and mucous membranes.
- Punches
- Kicks
- Stuns
- Takedowns
OC spray
Level 5
Techniques or actions with a high probability of causing connective tissue damage, lacerations of the skin or broken bones.
- ) Expanable Baton
- ) Authorized less than lethal
Level 6
Deadly force is any force that is likely to cause death or serious physical injury.
What is the Attack Triangle
- Weapon
- Delivery System
- Subject Action
What is LEAPS
- Listen
- Emphasize
- Ask Questions
- Paraphrase
- Summarize
Deadly Force Triangle
Weapon
Actions
Opportunity
What is the purpose of drug identification kits?
To properly identify and kind of drug it is on the spot
What is the minimum overall length for a shotgun or rifle?
26 inches
What is the minimum barrel length for shotgun and rifle?
Shotgun: 18inches
Rifle: 16 inches
What forms are needed for a federally regulated weapon?
ATF Form: 5320.4 (Form 4)
Cross State Lines: ATF Form 5320.20
Examples of some prohibited weapons:
- Machine guns
- Short barrel shotguns
- Short barrel rifles
- Mufflers & Silencers
- Destructive Devices
What is the appropriate action for failure to terminate?
Arrest
Define Negligent Ops?
Operating in a manner that would endanger the life, limb or property of a person.
Coast Guard Policy on Intoxicated Operation:
BUI can only be enforced on the person or persons operating the vessel, which includes:
- The control of the vessel’s propulsion system
- The control of the vessels navigation
BAC for Recreational Vessels:
.08
BAC for Commercial Vessels:
.04
Post shooting procedures:
- ) Call for medical assistance, provide emergency medical care as necessary, Do not move injured persons unless essential
- ) Hand cuff unless medically inadvisable
- )Injured person taken into CG custody may be released to competent medical authority.
- ) Secure the scene
- ) Coast Guard personal involved should not provide a statement, or written to any person other than official federal officers.