BTM Flashcards
What is Authority?
the government’s legal power to act.
How many fundamental sources of authority are there?
5
What are the 5 fundamentals of CG authority?
MLE, Customs, Protection and Security of Vessels, Harbors, and Waterfront Facilities (PWCS); including Law Enforcement (LE) Ashore, Assistance, and CGIS
What is 14 USC 522
The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws of the United States.
Who can be LE Officcers
Petty Officers, Warrant Officers, and Commissioned Officers
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 Jurisdiction?
a government’s power to exercise legal authority over its persons, vessels, and territory.
What are the 3 elements of jurisdiction
Substantive Law, Vessel Status/Flag, and Location
What is Substantive Law
A substantive law is one that prohibits certain action or requires affirmative conduct (M16247.1 2.B.1)
What are the types of Flag statuses?
US, Foreign, Without Nationality, Assimilated to without nationality
What are Territorial seas
waters within the belt, 12 NM wide, that is adjacent to the coast of the U.S. and seaward of the baseline
What is the EEZ
the zone of waters beyond and adjacent to the territorial sea not extending beyond 200 NM from the baseline.
What is the Contiguous Zone
adjacent to the territorial sea and extending 24 NM from the baseline.
What are Customs Waters
waters shoreward of a line drawn 12 NM from the baseline (including territorial sea and internal waters with ready access to the sea)
What are High Seas
all parts of the ocean seaward of the Exclusive Economic Zone (EEZ); if a coastal State has not proclaimed an EEZ, the high seas begin at the seaward edge of the territorial sea.
What are internal waters
waters shoreward of the baseline, including all waters on the U.S. side of the international boundary of the Great Lakes
What are international waters
waters seaward of the outer limit of the territorial sea of any nation, but encompassing the high seas, Exclusive Economic Zone (EEZ), and contiguous zones.
What is Force Majeure
a vessel forced into coastal State waters by virtue of distress, whether brought about by natural or man-made causes, is generally not subject to coastal State jurisdiction during a reasonable period of time necessary to remedy such distress
What is a Consensual boarding
A “consensual boarding” means the master or person in charge of a foreign flagged vessel, other than a warship, on the high seas or other waters not within coastal State jurisdiction consents to the boarding of his/her vessel, regardless of whether the Coast Guard otherwise has jurisdiction to board.
What is probable Cause
The level of suspicion that would cause a reasonable and prudent person, given the overall circumstances, to believe a crime has been or is being committed.
What is reasonable suspicion?
The belief by a reasonable and prudent person, based on articulable facts, that something has happened
What is the Use of Force guiding principle
“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 the Coast Guard Use of Force Policy must be construed as to require personnel to meet force with equal or lesser force.”
What is Deady Force
any force that is likely to cause death or serious physical injury
When is deadly force authorized
Deadly force may be used to effect a lawful arrest or prevent an escape of a person in custody when:
- There is probable cause that the suspect has committed a felony involving the use or threatened use of deadly force;
- The suspect is armed, or otherwise poses an imminent threat of death or serious physical injury to any person; and
- The suspect has failed to obey an order to halt (such order must be given when it is feasible to do so and would not increase the danger to the officer or others).