Conduct of Boarding Officers Flashcards
Def of Maritime Law Enforcement
any armed maritime intervention by uniformed Coast
Enforcement Defined Guard personnel, including aboard vessels and at facilities ashore, to prevent, detect and/or suppress applicable violations of the law.
Def of a Boarding
A boarding is an armed intervention aboard a vessel to prevent, detect and/or suppress violations of the law. No Coast Guard operations or activities that are conducted unarmed shall be referred to in any way as a “boarding.”
Def of Boarding Officer.
The Boarding Officer is the Coast Guard’s designated law enforcement officer in charge of MLE intervention pursuant to USCG law enforcement authority. The Boarding Officer is the direct representative of the CO/OIC for all matters law enforcement and shall lead and direct armed MLE interventions.
Def of a Boarding Team Member.
The Boarding Team Member is a person designated to assist the Boarding Officer in the execution of Maritime Law Enforcement under the Boarding Officer’s authority
Confined space characteristics?
Large enough to allow a person to enter and perform work.
Limited or restricted means for entry or exit.
Not designed for continuous human occupancy.
Who can test or certify a confined or enclosed space?
Gas free engineer.
Marine Chemist.
Industrial hygienist.
Competent person.
What is a Special Operations Vessel?
Involved in control delivery, undercover LE operation, or non-LE mission for another agency, and should normally not be boarded.
If a US citizen provides a Social Security number, they must be provided a a copy of?
Privacy Act Statement located on the Report of Boarding.
Do we record firearm serial numbers?
Regulated firearms serial numbers shall be obtained to verify compliance with federal laws.
Serial numbers for non-regulated weapons, when obtained lawfully, may be used to conduct LE intelligence database checks.
Minimum information needed to to conduct LE intelligence database check?
Name, Nationality, date of birth.
Biometrics (finger prints) collection constitutes a 4th Amendment seizure, and requires a subject is:
Attempting to cross border, or functional equivalent.
Reasonably connected to a crime, and taking them in field is needed to establish or negate suspect to crime.
Consenting voluntarily to the collection.
Properly conducted vessel inspections are compliant with the 4th amendment standards because they are:
Are limited in scope,
Are not searches for evidence of criminal violations,
Serve an important public interest,
Involve lesser expectations of privacy than searches for evidence of criminal activity.
What may be searched during a consensual boarding?
May only examine spaces with voluntary consent of the master or individual controlling them. Consent may be limited in scope, and revoked at any time.
Evidence of a crime discovered during consensual boarding?
Board team must receive authorization from costal State, or the vessels flag state, before taking enforcement action.
What is Guest Status? (In relation to consent boarding)
During consensual boarding, the boarding team has same status as guests and cannot exert control over vessel or crew. May make suggestions.
Def of detention:
Is the temporary limitations of that person’s freedom of movement. To be lawful, it must be reasonable in duration, method, and location, and must undertaken with person with authority to detain.
The permissible focus and scope of a criminal investigation on a vessel is determined by these two factors:
Specific factual basis for he suspicion,
Intended search location aboard the vessel.
Level of suspicion required for minimally intrusive search. Need additional authorization?
RS unless private area. Does not require separate authorization, beyond authorization to board and search from flag state.
Destructive search definition?
Any search activity that results, or is likely to result in the permanent alteration, modification, or destruction of any part of the vessel, which cannot be reasonably repaired by the boarding team upon completion.
Frequency of destructive searches? Level of suspicion?
Are not, and should not be routinely conducted. Need PC for the area to be searched. Extent of intrusiveness is based on articulable facts.
