Boarding Operations Flashcards
Describe a boarding
Armed intervention aboard a vessel to PDS violations of federal laws, international conventions and treaties.
Must be armed
OGA CG must be designated lead
Must be armed if authorized
BO must comply with CG UOF
Boarding team composition
MLEM B.1.b
2 <300
6 >300
Gar 2.0
Planning
Event
Asset crew
Asset cutter/boat
Communication
Environment
Overall risk
Calculate gain
Required boarding equipment
Level IIIA body armor
LE belt
Keepers min 4
PDW holster
Ammo pouch
OC spray and pouch
Handcuffs and pouch
Flashlight/holder
Nitrile gloves
4 gas
Rad pager
Pre-boarding questions
Section K BOJAK
NTC requirements
When CG units encounter suspicious people
Evidence during Consensual Boarding
No contraband seized absent flag or coastal state authorization temporary custody until authorization is made.
Flag SNO
Frisk search
Crush and pass
Search for weapons
Reasonable suspicion
Onboard CG asset, no suspicion
And when transferring to another agency
SIA
Detailed crush and feel
Search for evidence weapons and means of escape.
No suspicion
Strip search
Reasonable suspicion
Ensure dignity is respected, professional manner, qualified member of same sex or a witness of the same sex, no direct contact with genitalia. If so, document for case package.
Any article seized shall be treated as evidence.
Body cavity search
Reasonable suspicion
Ensure dignity is respected, professional manner, qualified member of same sex or a witness of the same sex, no direct contact with genitalia. If so, document for case package.
Any article seized shall be treated as evidence.
Search guiding principles
A person entitled to control access knowingly/volunteers consent to search.
Entire vessel is subject to customs boarder search
BO has PC to believe evidence will be found in area to be searched.
Search
An entry or intrusion into a private space by a government agent on a quest for evidence.
RS for common space
PC for private space
Customs border search
An exception to the 4th amendments warrant and probable cause, no suspicion, but must be reasonable.
A customs officer, is searching for merchandise at border, functional equivalent or extended border
Minimally intrusive search
Reasonable suspicion
That evidence may be discovered in the area to be searched
Destructive search
Probable cause and concurrence from tacon, separate authorization from flag or coastal state
Exclusionary rule
4th and 5th amendments have been violated by u lawful search or interrogation. The items will be excluded in a court hearing or trial
Independent source doctrine
Evidence illegally discovered initially, may be admissible under another source
Ex: authorities
Good faith rule
Evidence discovered while officer was acting in good faith
Inevitable discovery rule
Evidence that would have been discovered at some point.
Plain view/ open view
Officer lawfully in space and immediately apparent.
Private space - plain view
Common space - open view (looking into an ajar door of a private space)
5 elements of the 5th amendment
Just compensation
Grand jury
Double jeopardy
Due process
Self-incrimination
Double jeopardy - no person tried for the same crime twice
Self incrimination - gives the right to refuse to make any statements that could potentially incriminate.
Not to deprive a person of life or liberty without due process. (Detainment, seizure, arrest, evidence, chain of custody, right to lawyer, trial, appeal, incarceration)
Grand jury
Private property shall not be take. For public use w/o just compensation.
Rights advise, when should it be administered
Should be given if suspect is questioned while in custody directly or indirectly about any illegal activity.
Spontaneous statement
Rights advice is not required and it my be used in court. Document what was said.
Evidence
Addition to seizure of contraband, other evidence of a violation of a US law is also subject to seizure for use in criminal prosecution/ civil proceedings
Chain of custody documents
Documented and also recorded CG5117 seized property tags.
SF95 damage or injury.
LSC-5 claims.
Enforcement options
Written warnings - minor violations, first offense, corrected promptly. Not allowed of operator needs license or 3 or more violations.
Notice of violation - non-warnable, 3+ violations, 2nd offense w/in 12 months, operator is required to license.
Termination - especially hazardous condition not corrected on the spot.
Failure to terminate arrest-able offense.
When is a case package required?
Every interdiction that is likely to result in a prosecution.
Appendix G
