Boarding Officer Flashcards
What is 14 USC 102
“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.”
What is 14 USC 522 give the CG the right?
SEARCH EXAMINE ARREST SEIZURE INQUIRES INSPECTIONS upon the high seas and waters subject to the jurisdiction of the US.
14 usc 703 allows the BO?
an E-4 and above
carry a firearm
make and arrest, subena, issua arrest for warrant and arrest anyone who commits a felony or breaks the law
what is non deadly force?
any force other than deadly force
ex:
1. individual self defense
2. compel compliance with an order the CG has authority to enforce
3. To prevent a crime, or a serious state or foreign crime
4. to prevent theft, intentional damage or destruction of property CG has authority to protect.
what is deadly force?
any force that is likely to cause death or serious physical injury.
What is the deadly force triangle?
Weapon
Opportunity
Action
parts: max effective range, and unrestricted access.
What is jurisdiction?
Govt’s power to exercise authority over its:
person
territory baseline, internal waters, us sea border 3 miles, territorial sea 12 miles, customs baseline to 12, contiguous zone 12-24, EEZ -200
vessel
All three must exist before the CG can take LE actions on a person or vessel.
Within the context of Maritime Law Enforcement jurisdiction is compromised in three categories?
- Substantive law- which is the law you are enforcing ex:
a. Drug enforcement
b. immigration laws
c. fisheries
Vessel Status/ Flag
ex:
a. warships
b. military aircraft
Location
ex: allowable location extent
a. Baseline= internal waters
b. Territorial sea=12nm
c. 12-24 nm contiguous zone
d. EEZ=12-200nm
e. High seas 200
What laws are enforced in International waters? (Contiguous zone)
- Fiscal
- Immigration
- Sanitary
- Custom laws
What is force majeure?
a vessel forced into coastal waters by virtue of distress, whether by natural or man-made causes. However coastal state may verify a claim of force majeur by boarding the vessel.
What is transit passage?
is the right of non-interference for a vessel or aircraft transiting through a foreign territorial sea that comprises an international straight used for navigation between international waters.
what is peace of the port?
US may choose to restrain from using its jurisdiction over foreign flag vessels in its territorial sea and internal waters, leaving it up to the flag state.
What is Innocent passage?
right of non-interference for a vessel transiting inbound, outbound, or through a foreign territorial sea. Aircrafts have no rt of innocent passage.rr
What is hot pursuit?
allows a coastal state to preserve its jurisdiction to take LE actions against foreign flag vessel that flees beyond normal jurisdiction, Hot pursuit can only be authorized by warships, military aircraft or OGA’s.
what is constructive presence?
a coastal state to exercise jurisdiction over a vessel that is constructively present within its coastal zone of jurisdiction. No
What is right of approach?
under international law, the right of warships and other duly authorized vessels or military aircraft in international waters to approach any vessel in international waters to verify its nationality through questioning.
What is the right of visit?
a warship which encounters on the high seas a foreign ship… Not justified in boarding it unless
a. ship engaged in piracy.
b. ship engaged in slave trade.
c. unauthorized broadcasting.
d. ship is w/o nationality or refusing to show it’s flag.
What is Hot pursuit?
it allows a coastal state to enter another jurisdiction to pursue the violater
what is universal crimes?
vessels engaged in piracy, slave transport or unauthorized broadcasting need an SNO from Commandant prior to any LE action. The
What is a consensual boarding?
under customary international law, master shall give complete authority over all activities onboard that vessel, anytime the master can stop proceedings.
What is rendering assistance to persons/property?
CG may go aboard a foreign flag vessel of unknown nationality in international waters to render assistance to distress.
ISS
quick and limited protective sweep of a vessel for boarding protection, looking for arcing, sparking, flooding, fire, and excessive fuel or oil
Extended ISI
may be conducted when reasonable suspicion exists that there is a particular hazard. More focused sweep looking for: Known safety hazards Unaccounted for personal Weapons on board
What is reasonable suspicion?
reasonable suspicion is a step before probable cause, crime may have been committed!
What is probable cause?
is the level of suspicions needed to initiate a lawful search. PC exists when known facts lead to believe that a crime has been committed along with evidence. Facts not opinions.
What is a SNO statement of no objection
FLag officer giving authority to take certain actions.
What is a presidential directive 27?
federal agencies dealing with non military incidents that could impact foreign relations of the US.
What is the Fourth amendment?
protects US and foreign persons in US territory from unlawful searches that interfere with privacy.
Boarding serves the fourth amendment as long as your not looking for evidence of criminal action or criminal activity.
Search?
govt agent on a quest for evidence in an area where a person has a reasonable expectation of privacy.
Frisk?
crushing and passing over the outer clothing of a person in search of weapons.
search incident to arrest?
more detailed crush and feel of an arrested persons outer clothing.
strip search?
removal of clothing and visual exam of nude body.
body cavity search?
physical exam giving by the physician.
What is plain view?
gives LE the right to seize an item that is readily apparent as evidence.
5th amendment?
right against self incrimination and protection against double jeopardy, due process and request by trial by jury.
arrest?
when a person believed to have committed a crime is physically taken into custody.
When is a use of force report required? Shall be recorded into MISLE boarding activities by the unit, MISLE cases by TACON.
A. Shall be generated within 96 hours of the following:
- any technique or action UOF higher than level 2, except the normal application of handcuffs or escort.
- any step II or higher tactic for non-compliant vessel.
- when use or potential use of force is deemed noteworthy by the OIC.
- Use of Force incidents must be recorded in a MISLE boarding activities by the unit, and MISLE cases by TACON.
what is the CGUOF policy?
Only that force reasonably necessary under the circumstances may be used.
Force must not be used where assigned duties can be discharged without it.
Excessive force may never be used, however nothing in the application of CGUOF policiy shall be construed as to require personnel to meet force with equal or lesser force.
what are the major laws for fisheries?
- Magnuson-sevens fishery conservation and mng act- prevent overfishing, to rebuild over-fished stocks, and to facilitate long-term protection of essential fish habitats.
- Lacy act- unlawful to transit certain fish or wildlife.
What is a special interest vessel?
vessels registered in nations that the US does not normally diplomatic relations and are subject to certain restrictions on entry into the Us waters.
what is a HIV (high interest vessel)?
commercial vessel indicating to enter the US port that pose a high relative security risk to the port.
What is Terrorism?
Dangerous to harm human life or property, viloation of criminal laws of the US.
Name some personal that is not required to carry a firearm?
- Is a convicted felon
- fugitive from justice
- dishonorable discharge
- mentally incompetent
- illegal alien
- domestic violence or abuse
What is Special Maritime and Territorial Jurisdiction(SMTJ)?
High Seas Us vessels in foreign territory Great lakes Federal reservation Lands/waters not within nor between the 50 states Territorial Seas
What is Tacon?
Tactical Control has command authority over assigned forces or commands made up for tasking to accomplish an assigned mission.
The primary authority for issuing Captain of the Port (COTP) orders regarding vessel and facility security is the Magnuson Act,
The Magnuson Act is concerned with national security and reflects a congressional policy to safeguard vessels, harbors, ports, and waterfront facilities from sabotage or other subversive acts.
What is FDIN?
federal drug identification number
6 levels of use of force continuum?
- Officer presence
- verbal commands
- control techniques
- aggressive response techniques
- intermediate weapons
- deadly force
Officer presence?
appearance, deameanor, verbal and non verbal communication that creates an atmosphere of compliance.
Drawing PDW, chemical irritant, expandable baton, and handcuffs.
verbal commands?
verbal commands are in the form of task direction with consequences aimed at the subject.
control techniques?
techniques or actions with a low probability of causing connective tissue damage, laceration of the skin, or broken bones.
Proper use of : restraint devices, pain compliance, and strength techniques.
Escorts and transport wrist lock
Normal application of handcuffs
Pressure points
Aggressive response techniques?
techniques or actions likely to result in connective tissue damage, laceration of the skin, or broken bones or will produce irritation of the skin, eyes, and mucous membranes.
Ex: kicks, punches, stuns, takedowns and chemical irritants.
Intermediate weapons?
Techniques or actions with a high probability of causing connective tissue damage, laceration of the skin and broken bones.
- expandable baton
- sting ball
- rubber fin stabilizer
Deadly force?
any force like to cause death or serious physical injury.
- unconsciousness
- protracted and obvious disfigurment
- loss of bodily member, organ, or mental faculty.
Active counter measures Upper?
- front jab
- strait punch
- elbow strike
- brachial stun
- forearm strike
- supra-scapular stun
Active counter measures lower?
- front snap kick
- angle kick
- knee strike
- superficial peroneal kick
Take downs ?
- straight arm bar
- modified
- whip takedown
- iron wrist lock take down
Pressure points?
- Infra-orbital
- mandibular angel
- c clamp
- hypoglossal
- jugular notch
Duty to retreat?
Units and personal do not have the duty to retreat from LE situations justifying the use of force, including deadly force. Although may be an alternative.
What are some deadly force situations?
- self defense
- lawful or arrest or prevent an escape
- Protection of property
- Protection of Hazmat or deadly weapons
- vessel on vessel situations
- defense of airspace security
Cover?
will stop a bullet
Concealment?
will not stop a bullet
Fatal funnel?
front of a door, hatch, hallway, stairway or no longer have cover.
Passive compliant?
subject who follows the officers request or verbal directions.
Passive resistor ?
subject who does not follow the officers request or verbal directions, but offers no resistance to an officer trying to gain control.
Active resistor ?
subject who does not follow the officers request or verbal commands, offers physical resistance that prevents or may prevent the officer from gaining control but does not attempt to harm the officer.
Active aggressor ?
subject that attempts to harm the officer.
line of fire ?
path a bullet is discharged from
Minimum LE gear required?
- PDW
- 03 Mags and 12 rnds
- expandable baton
- handcuffs and key
- flashlight
- 04 keepers
- pepper spray
- 4 gas analyzer
- Radiation pager
Expandable baton ?
- no shorter than 15 and no longer than 22
* shall not be spring loaded, anything else not authorized.
Handcuffs?
adjust double lock, check the immediate area
Flashlight ?
no larger than those designed to hold 3 C cell or 2 D cell batteries
OC Pepper spray
- no greater than 10%, no less than 5% OC concentrate
4 S’s for OC ?
- shake
- shout
- short burst 1-2 seconds
- shuffle
Body armor?
- level 3A
- only good for 5 yrs from manufacture date
- 2 fingers down from jugular
- can’t overlap on sides
Non deadly force circumstances?
- self defense
*
5 fundamental sources the CG enforcement?
- Maritime Law Enforcement
- Customs
- Port waterway and coastal security
- CGIS
- Assistance
LEAPS
- Listen
- Emphasize
- Ask questions
- Paraphrase
- Summarize
Types of boardings?
- recreational
- sailing vessel
- commercial
- Living marine resource
BO Stances
Interview
Ready
High guard
Radiation detection detects gamma and neutrons, how do u report?
Is in micro rem/hr for Gamma and counts per second for neutrons
Level 1 : PRD Pm1703GN,dose rates of 4500 micro Ren/hr or 20 cps
SMAC Smack Move away Alert Close off
Maritime Security (MARSEC) Levels?
MARSEC 1 is the Coast Guard’s baseline security posture;
2. MARSEC 2 is an increased security posture, normally implemented in response to a specific or non-specific threat; and
3. MARSEC 3 is the Coast Guard’s most focused security posture, normally set when attack is deemed imminent or has already occurred.
Changes are set by the Commandant
Any exercise of jurisdiction in or over foreign territorial seas and foreign territory requires the authorization of the coastal State.
Foreign Territorial Sea and Internal Waters
EEZ?
extends 200NM and is the protection of your natural resources.
Contiguous zone?
extends out to 24 NM and is protection from FISC Fiscal Immigration Sanitary Customs
Conditions for Boarding
Coast Guard units may board a foreign flag vessel in the U.S. contiguous zone in order to prevent infringement, or investigate suspected violation, of FISC
The enforcement authority granted to COTPs under 33 C.F.R. Part 6 includes,
Safe guard vessels, harbors, ports, And waterfront facilities
Law Enforcement Ashore (14 U.S.C. § 523)
“Subject to guidelines approved by the Secretary, members of the Coast Guard, in the performance of official duties, may ?
- Carry a firearm; and
- While at a facility (as defined in Section 70101 of title 46) -
a. Make an arrest without warrant for any offense against the United States committed in their presence; and
b. Seize property as otherwise provided by law.”
Homeland Security Act
The Homeland Security Act established the homeland security missions of the Coast Guard: Ports, Waterways and Coastal Security (PWCS), drug interdiction, migrant interdiction, defense readiness, and other LE missions.
Aux have no LE authority, but can help with?
- Watch
- safety patrols
- Conducting vessel safety checks and voluntary fishing vessel safety examinations;
4.
what is a boarding?
boarding is an armed intervention aboard a vessel to prevent, detect and/or suppress violations of federal laws, international conventions, or treaties.
Boarding officer?
Boarding Officer is the Coast Guard’s designated law enforcement officer in charge of an armed MLE intervention pursuant to USCG law enforcement authority.
Less than 300 gross tons requires how many BtMs?
More than 300 gross tons requires ?
- at least 2, and one BO
2. at least 6, and one BO
When an adequate number of qualified boarding personnel are not available to safely conduct a boarding,
units must consider postponing the boarding and either call for additional personnel or escort the vessel to a location where the boarding may proceed safely.
Security Boarding Job Aid Kit (SBJAK) must be carried on
every Coast Guard security boarding.
For boardings of U.S. recreational vessels displaying a Vessel Safety Check (VSC) decal,
units may conduct an abbreviated vessel inspection.
CFVS examinations must be completed once every 5-YRs.
Commercial Fishing Vessel Safety Dockside Examination.
Although a CFVS decal may be expired, the CFVS examination is valid for three years after the expiration of the decal date
Duty to Report Excessive Force
contact legal
What body armor is authorized?
Level IIIA and last 7 yrs from manufacture date.
Boarding shoes for rec, yachts and sailboats?
The standard footwear for boarding yachts, recreational vessels, and sailboats is dark brown “boat shoes” (with non-marking, non-skid soles).
All boarding team members must carry the Coast Guard-standard ? during any boarding in which they may enter enclosed spaces.
4 gas analyzer
Boarding team personnel may carry folding knives with a blade no longer than
5 inches.
Can you restrain a person to a fixed object?
Restraint devices may be used alone or in combination with one another. Restraining persons to a fixed object (i.e., stanchion or span wire) is authorized.
OC spray requirements?
The aerosol must contain no greater than 10% and no less than 5% OC concentration
If an illegal immigrant claims asylum they will be interviewed by?
Protection screening officer.
Enforcement Action Report, Form
CG-5201 is?
a short form used to inform the master of a vessel that an infraction has been
detected.
The Maritime Law Enforcement Academy (MLEA) will conduct a CLEAR visit biennially (every 24 months) on all designated Maritime Law Enforcement units.
Scheduled CLEAR visits are comprised of an administrative review of the unit training program, a materiel inspection of LE equipment (both operational and training) and a proficiency evaluation of unit law enforcement personnel.
Damage to a vessel will use what form?
SF-95 if cannot repair on the spot, if unable to proceed take in tow.
Less than lethal training is conducted every
2 yrs
Procedures for discharge of firearm?
- Call for medical assistance
- handcuff the injured person
- take into custody
- secure the scene
- Do not give a statement, until legal is involved.
- Secure firearm for evidence.
14 USC 521?
rescue and aid persons and property
SNO MATRIX 2.0
New SNO giving by the flag officer to conduct level II
What is authority?
Governments legal power to act
What are the four fundamental sources of CG authority?
a. maritime LE
b. customs
c. protections
d. assistance
e. cgis
What is 33 CFR part 6?
Captain of the Port may cause a boarding officer to inspect and search at any time any vessel, water front facility, security zone or any person, article within the jurisdiction of the US.
What is Customs Authority?
CG may in certain circumstances conduct customs boarder searches in accordance with MLEM.
What is 14 usc 521?
False Distress
What is Assistance Authority?
allows federal, state, and local agencies to request CG LE assistance when CG person especially qualified to perform a particular activity.
What is 18 USC 1114
protection of officers and employees of the US.
Coast Guard Busniess Intelligence (CGBI) now tracks all MISLE reported UOF events to include
person, surface and airborne.
The primary authority for issuing Captain of the Port (COTP) orders regarding vessel and
facility security is
the Magnuson Act
14 U.S.C. § 523 provides the principal authority for armed and uniformed
Coast Guard LE activity ashore
MCI/KR Maritime critical infrastructure/key resources
are facilities, structures, systems, assets or services so vital to the port and its economy that their disruption, incapacity, or destruction would have a debilitating impact on defense, security, the environment, long-term economic prosperity, public health, or safety of the port
The Homeland Security Act
established the homeland security missions of the Coast Guard: Ports, Waterways and Coastal Security (PWCS), drug interdiction, migrant interdiction, defense readiness, and other LE missions.
who can terminate a boarding?
a. Unsafe conditions exist
b. the condition cannot be corrected on the spot
c. continued operation of the vessel is a hazardous condition, life-threatening, or leads to serious injury.
can you grant temporary refuge as the OIC?
Temp refuge is physical protection and reasonable care either onboard a CG unit or elsewhere.
May grant:
a. persecution or torture death/injury
OIC LE duties?
CLEAR VISIT 24 MONTH CYCLE
Three types of self defense
unit
individual
national
What is the process of getting firearms qualified/carrying?
PQS on the weapon
qualified on the course
Use of force policy
Lautenberg amendment
JUFE
firearms training and qualification levels?
Level 1 document firearms training on basic course of fire
Level II document firearms training on basic course of fire annually
Level III JUFE
Level IV
documented on 3029 range sheet
Commercial Fishing Industry Vessel Safety Act Violation
District Commander will ensure that a comprehensive CFIVSA examination is conducted upon the vessel’s arrival. This inspection should be conducted in conjunction with the local commercial fishing vessel safety examiner
Unit responding to a boating accident
For units responding to boating accidents occurring within waters with concurrent state jurisdiction, the Boarding Officer must notify the cognizant District Commander for accidents involving a fatality as soon as practical to facilitate a timely investigation and ensure inclusion of the information in the state Boating Accident Report Database (BARD) system.
Commercial Fishing Industry Vessel Safety Act Violation
When a vessel’s voyage is terminated for violation of CFIVSA as described in Section C.3. of this Chapter, and the vessel is directed to port as a result of termination, the cognizant District Commander will ensure that a comprehensive CFIVSA examination is conducted upon the vessel’s arrival. This inspection should be conducted in conjunction with the local commercial fishing vessel safety examiner
Boarding Officer Practical Course (BOPC). The EOCT
End of Course Test (EOCT) prior to attending the is administered by the unit Education Service Officer (ESO) and is only valid for a period of 18 months.
BOPC IS HOW LONG
The Boarding Officer Practical Course is a two-week resident course of instruction at the
MLEA. The BOPC will provide a practical course of instruction as follow-on to the pre-
requisite e-Learning course. Students will graduate having demonstrated proficiency in most
tasks outlined in Reference (c).
The Law Enforcement Instructor Course (LEI) is an 8-day, competency-based training
program that prepares Coast Guard unit LEIs with the skills and knowledge required to
deliver LE training and certifications
- Must have at least 12 months remaining at currently unit;
- Must be E-4 or above; and
- Member is a graduate of MLEA’s BBOC or BOPC;
- Member is an experienced certified Boarding Officer (current certification is a requirement to be a designated LEI) with a minimum of 12 months as a Boarding Officer and has demonstrated the ability to evaluate and instruct personnel in the performance
Classifications of subjects
Passive compliant
passive resistor
active resistor
active aggressor
What can be used if your lawn Forssman program needs to be reevaluated for poor performance?
Print out the LEAF law enforcementassessment form
Ensure they are consistent with the current coming out policies and procedures.
It is it it is designed to help identify areas for improvement enhance unit readiness and identify lessons learned and best practices to be shared Coast Guard wide.
Who is the law enforcement training officer council
LEOTC
They will evaluate the leaf form on a quarterly basis
Lawn Forssman qualifications board consist of how many members
Two
What type of body armor do we use what level
Level three a
What is Asylum?
It’s when they are requesting protection from persecution or torture.
BO has to request a ? Prior to making any arrest or seizure?
statement of no obligation
When the boarding team comes across a weapon?
It should be secured and neutralized, if it poses a threat it should be secured until the boarding is completed.
Below decks require 4 gas? PRD?
PRD- detects ionizing sources of gamma and neutron radiation.
4 gas- detects levels of oxygen, hydrogen, sulfide, carbon monoxide and flames or gases.
Types of hazards? Physical hazards, cargo, biological, confined spaces.
Narcotics identification: Ion swipes?
With a swab it helps detect drug or explosives
At Sea Space Accountability?
Using chemical detection equipment used to clear the atmosphere of hazardous chemicals.
What is customs authority?
14 USC 143, E4 and above are designated as Customs Officers. CG May in certain circumstances conduct customs borders searches iaw the MLEM.
