Boarding Officer Flashcards
Authority
The Governments power to act
14USC101
Establishes the Coast Guard as a branch of the armed services.
14USC522
The Coast Guard may conduct inquires, searches, seziurs, examinations, and arrest upon the high seas and waters subject to US jurisdiction
5 types of authority
PWCS
MLE
Customs
CGIS
Assistance
Types of Vessels
Warships
Commercial
Recreational
Government
Jurisdiction Map
Customs: 0-12nm
Contiguous: 12-24nm
EEZ: 12-200nm
High seas: 200+
Arrest
The seizure of a person:
Components of an Arrest
Authority
intent
acknowledgement
Compliance
Detention
The act of keeping back, restraining, or withholding a person for a reasonable period of time for an investigation, inspection, or search. Does not amount to an arrest or seizure of property.
Jurisdiction
The governments authority over persons, property, and effects.
14USC701
Assistance Authority: The Coast Guard may, when requested by proper authorities may assist in missions they are especially qualified in or have the jurisdiction for.
19USC1401
USCG Customs authority
Rights Advice
Must be read before incriminating questions are asked.
Interrogation
The questioning of an individual in a custodial situation related to a crime.
Tactical Questioning
Lines of questioning that are not incriminating but can be used to ascertain more information.
BISS
Basic initial safety Sweep
EISS
Extended Initial Safety Sweep
Security Boarding
The intervention from an armed boarding team for the disruption of terrorism activities.
Jurisdiction Exceptions
Force Mejuer
Innocent Passage
Constructive Presence
Transit Passage
33CFR part 6
COTP Authority:
Establish security zones
Issue orders
inspect and search any vessel, waterfront facility, security zone, person or thing if deemed such action necessary to prevent damage or injury to any vessel or waterfront facility.
Jurisdiction
The government’s right to exercise legal authority over its persons, vessels, and territory.
Three parts of Jurisdiction
Substantive Law
Vessel Status and Flag
Location
Define Substantive Law
One that prohibits certain action or requires affirmative conduct. (examples: Drug enforcement, immigration, or fisheries).
Four Types of Nationality
US
Foreign
Without Nationality
Assimilated without nationality.
Define assimilated without nationality
Cannot make a legitimate claim to a nationality nor can provide evidence and consent to their nationality.
Jurisdiction Exceptions
Force Majeure
Hot Pursuit
Innocent passage
Non-Innocent Passage
Transit Passage
constructive presence
assistance entry
peace of port
Force Majeure
Due to exceptional circumstances or emergency a vessel needs safe haven. Can board to confirm emergency.
Hot Pursuit
Pursuit of a foreign vessel on high seas after a violation of law in the pursuing state. Vessel must have evaded boarding in jurisdiction and that the pursuit is continuous and uninterrupted. Ceases when vessel enters territorial seas of another state.
Innocent Passage
The right of non-interference for a vessel transiting. Must be continuous movement (normal anchoring allowed) without non innocent acts.
Non innocent Passage
If a vessel:
Any threat of force
weapons exercise or practice
collecting information on another country
propaganda
launching, landing, or taking on of military
fishing
any act not having to do with passage.
transit passage
the right of non-interference for a vessel or aircraft transiting through a foreign sea that compromises an international straight used for navigation.
Constructive Presence
exercise jurisdiction over the mothership of other vessels launched into territorial seas.
Assistance Entry
Right of non interference for SAR.
Peace of Port
US may refrain from exercising authority over vessels if it is deemed better to not.
Commandants UOF policy
Chapter 4 MLEM
UOF Guiding principles
Only that force reasonably necessary under the circumstances may be used. Force shall not be used where assigned duties may be discharged without it. Excessive force may never be used; however, nothing in the application of the CG UOF policy shall be construed as to require personnel to meet force with equal or lesser force.
4 Types of Subjects
Passive Compliant
Passive Resistor
Active Resistor
Active Aggressor
UOF Levels
1: Officer Presence
2: Verbal Commands (task direction and consequence)
3: Control Techniques
4: Aggressive Response Techniques
5: Intermediate Weapons
6: Deadly Force
Explain UOF level 3
Control Techniques: have a low probability of causing connective tissue damage, lacerations, or broken bones. Proper use of handcuffs and pain compliance techniques.
Explain UOF level 4
Aggressive Response Techniques: Likely to result in connective tissue damage, lacerations of the skin, broken bones or will produce irritations of the nose, eyes and or mucus membranes. OC Spray and punches and kicks.
Explain UOF Level 5:
intermediate weapons: High probability of causing connective tissue damage, lacerations, and broken bones. Baton.
Explain UOF Level 6:
Deadly force: Any action that is likely to cause death or serious physical injury.
What is Serious physical injury
Injury that results in:
Unconsciousness
protracted and obvious disfigurement
protected loss of or impairment of a bodily function, member, or organ, or mental faculty.
Deadly Force Situations
Self Defense/defense of others
Lawful arrest and prevention of escape
Protection of Property
Protection of hazmat or deadly weapons
5th Amendment
Allows for:
just compensation
grand jury
due process
prevents double jeopardy
self incrimination
Custodial Situation
rights advice is required before asking incriminating questions.
Probable Cause
When given the facts and circumstances a reasonable and prudent person believes a crime has been committed
reasonable suspicion
The belief that a potential crime has been committed so a search must be conducted to reach a level of probable cause
14USC102
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 US jurisdiction.
Parts of Jurisdiction
Substantive Law, vessel status and flag, and location
Different Pressure Points
hyper glosal, jugular notch, mandibular angle, center of ear, forward of ear.
4th Amendment
The right of the people to be secure in their persons, houses, papers, and affects against unreasonable search 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.
What is a private Space
An area controlled by a single person who has a reasonable expectation of privacy.
2 Prong test for privacy
is there an expectation of privacy
is that reasonable.
What is a common Space
Space that is not controlled by a single person and has a reasonable expectation of many persons going through
What is a confined Space
A space large enough for a person; however it is not designed for continuous human occupancy and has one entry and exit.
Policy on Entering a Confined Space
Boarding personnel shall not enter unless the space has been declared safe by a qualified person (i.e. a gas free engineer, industrial hygienist, or marine chemist)
What is the Exclusionary Rule
Evidence obtained in violation of rights is inadmissible
Types of searches
Frisk, Search incident arrest, strip, body cavity,
Level of suspicion needed for Frisk
Reasonable Suspicion
Definition of 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.
When is SNO required
When boarding, seizing and arresting
- A foreign / stateless vessel outside jurisdiction
- A US vessel on foreign water
- When the boarding of a vessel will impact foreign relations
What is a search incident to arrest
A detailed crush and feel searching for weapons, evidence, or a means of escape.
what are requirements to be prohibited from carrying a weapon
1: a convicted felon
2: A fugitive
3: an unlawful user of a controlled substance
4: Dishonorably discharged from military service
5: Has been declared mentally incompetent
6: Has renounced their citizenship
7: is an illegal alien
8: is under a court order for harassing, stalking, or threatening an intimate partner or child
9: a misdemeanor of domestic violence.
Regulated weapons length
Rifle: 16inch
Shotgun: 18
26 total length.
RAD SMAC Levels (1)
4500 micro rems
20 neutrons
RAD SMAC levels (2)
25000 micro rems
40 count neutrons
SMAC
Stop
Move Away
Alert Others
Close off
What section of the BOJAK contains criminal violations
H
BAC
0.08 Recreational
0.04 Commercial
Case File Checklist
MLEM appendix G
Federally Regulated Weapons
Machine Guns
Short Barreled Rifles
Short Barreled Shotgun
Suppressor
Destructive Devices
Non-sporting firearm with over 0.5 bore
Any Other Weapons
Machine Gun
Capable of firing more than 1 cartridge per trigger pull
Short Barreled Rifle
Rifles with a barrel under 16 inches or 26 inches total length
Short Barreled Shotgun
barrels under 18 inches or 26
Suppressors
Any portable device designed to muffle or disguise the report of a portable firearm.
Destructive Devices
Grenades, bombs, explosive missiles or poisonous gas.
Non Sporting Firearm
Any firearm with a bore over 0.5 that does not have a sporting use
