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.