BTM 1 Flashcards
14 USC 522
The CG may make searches, examinations, arrests, seizures, inquiries and inspections on the high seas and waters the U.S. has jurisdiction, for the prevention, suppression and detection of violations to U.S. laws.
14 USC 101
Establishes the CG
14 USC 102
The CG SHALL, enforce and assist in the enforcement of all applicable federal laws and regulations on over and under the high seas and waters subject to the jurisdiction of the U.S.
Define Authority
The governments legal power to act.
Define jurisdiction
Governments power to exercise legal authority over its persons, vessels and territories.
Jurisdictional Triangle
- location
- vessel flag/status
- substantive law
What is substantive law?
A set of laws that governs how members of a society are to behave. Requires affirmative conduct. Prohibits certain actions.
Internal waters
Baseline- shoreward
Territorial Sea
Baseline - 12 NM
Custom Waters
Inland - 12NM
Contiguous Zone
12 - 24 NM Can conduct FISC there Fiscal (tax) Immigration Sanitary Customs
High Seas
200 - 12NM
What are the types of vessels
U.S. vessel
Foreign vessel
No nationality
Assimilated to no nationality
What is the congressional UOF policy?
Use all force necessary to gain compliance.
What is the commandants UOF policy
Only that force reasonably necessary under the circumstances may be used. Force shall not be used where assigned duties can be discharged without it. Excessive force may never be used; however, nothing in the application of the UOF policy shall be construed as to require personnel to meet force with equal or lesser force.
Types of subjects
Passive compliant- follows officers request/task direction
Passive resistor- does not follow officers request but offers no physical resistance
Active resistor- does not follow requests. Offers physical resistance but does not attempt to harm the officer
Active aggressor- attempts to harm the officer
UOF continuum
Level 1
Officer presence
Appearance, demeanor, verbal and nonverbal communication that creates an atmosphere of compliance.