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.