Btm Board Flashcards
Authority
The governments legal power to act
14 usc 101
Establishes the Coast Guard in military service and a branch of the United States Armed Forces
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 the US
14 usc 522
The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrest upon the high seas, and waters over which the US has jurisdiction for the prevention detection and suppression of violations of laws of the US for such purposes commission warrant and petty officers may at anytime board any vessel subject to the jurisdiction or for the application of any federal law of the United States, address inquiries to those on board, examine the ship’s documents and papers, and examine, inspect, and search the vessel, and use all necessary force to compel compliance.
Jurisdiction
The government’s power to exercise its authority over its persons vessels and territories
Jurisdictional triangle
Location, vessel flag status, substantive law
Substantive law
Prohibits certain action requires affirmative conduct
Five fundamental sources of authority
Maritime Law Enforcement, Protection and Security of Vessels, Harbors and Waterfront Facilities, Assistance, Customs, CGIS
Congressional Use of Force Policy
All force necessary to compel compliance
CG Use of Force 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 shall never be used.
Level 1 - Officer Presence
Appearance, demeanor, and verbal and non verbal communication that creates an atmosphere of compliance and a positive image of the Coast Guard
Level 2 - Verbal Commands
Commands given in the form of task direction with a consequence aimed at the subject
Level 3 - Control Techniques
Techniques or actions with a low probability of causing connective tissue damage, lacerations of the skin or broken bones
Pressure Points
Mandibular (under chin)
Jugular (throat/collar bone)
Infra-Orbital (lip)
Hypoglossal (ear)
C-clamp (lip and ear)
Level 4 - Aggressive Response Techniques
Techniques or actions likely to cause connective tissue damage, lacerations of the skin or broken bones, or that will produce irritation of the skin, eyes, and/ or mucous membranes
(Proper use of kicks, stuns, punches, takedowns, and chemical irritants)
Level 5 - Intermediate Weapons
Techniques or actions with a high probability of causing connective tissue damage, lacerations of the skin, or broken bones.
Level 6 - Deadly Force
Any force that is likely to cause death or serious physical injury.
Serious Physical Injury
Actual physical injury to the body that results in unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of bodily member, organ, or mental faculty.
Skdj
Passive Compliant
Subject who follows the officers requests or verbal directions
4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath and affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Search
An entry or intrusion by a government agent on a quest for evidence into an area where an individual has a reasonable expectation of privacy
Evidence
Instruments of a crime, fruits of a crime, contraband
Contraband
Is items that they are in illegal possession of- drugs
Frisk
Crush and pass over the outer layer of clothing
Scope- what you are looking for
Level of suspicion required - reasonable
SIA - Search Incident to Arrest
What are you looking for? Everything
Level of suspicion required- probable cause
Strip Search
Intrusive removal of clothing
Who may conduct a strip search? BO
How many people involved? 2
Level of suspicion? Probable
Body Cavity Search
Who can conduct a Physical/Visual Search? BO- Visual. Licensed Physician- Physical
Level of suspicion- Probable cause
Minimally Intrusive VS Destructive Search
Looking
Probable Cause
The belief by a reasonable and prudent person, given all overall circumstances, that a crime has been committed.
Reasonable Suspicion
The belief by a reasonable and prudent person based on all articulable facts, that there has been criminal activity
Line of Fire
Flight path of a bullet discharged from a firearm
Triangulation
The concept of keeping the subject “Triangulated” between the officers
Contact & Cover
Contact- Person who makes verbal, visual, or physical contact with a subject
Cover- Person who maintains overall cover at all times
Cover & Concealment
Cover- Is an area that the officer can hide behind which may stop a bullet
Concealment- Is an area that an officer can hide behind, but will not stop a bullet
Fatal Funnel
The area in front of a door, window, or hatch where you are no longer behind cover or concealment. This places you in immediate danger.
Reactionary Gap
The distance between the officer and the subject. (Good at 4-6 feet)
5th Amendment
Just Compensation, Grand Jury, Double Jeopardy, Due Process, Self-Incrimination
What is LEAPS?
Listen, Empathize, Ask Questions, Paraphrase, Summarize
What is SAFER
Security, Attack, Flight, Excessive Repetitions, Revised Priorities
Waters
Internal Waters- IN - 0Nm
Customs Waters- IN - 12Nm
Territorial Seas- 0Nm - 12Nm
Contiguous Waters- 12Nm - 24Nm
EEZ- 12Nm - 200Nm
International Waters- US 12Nm - FOR 12Nm
High Seas- 200Nm - FOR 12Nm
Deadly Force Situations
- Self Defense
- Deadly Force in Vessel on Vessel Situation
- Lawful Arrest or Prevention of Escape
- Protection of Property
- Protection of Hazardous Materials or Deadly Weapons
- Deadly Force and Airspace Security
- Protect the President of the US
Passive Resistor
A subject who does not follow the officers requests or verbal directions, but offers no physical resistance to the officers attempts to gain control
Active Resistor
Subject who does not follow the officer’s requests or verbal directions, offers physical resistance that prevents or may prevent the officer from gaining control, but does not attempt to harm the officer
Active Aggressor
Subject who attempt to harm or attack the officer
4 Flag Statuses
U.S.
Foreign
No Nationality
Assimilated as No Nationality
4 Vessel Statuses
Recreational
Commercial
Government
Government-Non Commercial
2 Prong Test for Plain View Discovery
Is the officer legally present in the space?
Is the object immediately apparent?
2 Prong Test for Opportunity
Unrestricted Access and Maximum Effective Range
